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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Prakash Choudhary, S/o Chotu Ram Choudhary – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. background of dismissal and service record. (Para 2 , 3) |
| 2. arguments on appeal and reasons for dismissal. (Para 4 , 5) |
| 3. analysis of the inquiry and judicial review. (Para 6) |
| 4. assessment of punishment's proportionality. (Para 7) |
| 5. conclusion of appeal. (Para 8) |
JUDGMENT :
Rongon Mukhopadhyay, J. :
1. Heard Mr. Satish Prasad, learned counsel for the appellant and Mr. Piyush Chitresh, Learned AC to AG.
2. This appeal is directed against the order dated 30-06-2022 passed by the learned Single Judge in W.P.(S) No. 3235/2020 whereby and whereunder, the challenge made to the order of dismissal of the writ petitioner/appellant from service has been rejected.
3. The factual aspects of the case reveal that the writ petitioner had joined the post of Police Constable on 27-06-2005. On account of his unauthorised absence from duty, he was suspended and the reply to the show cause having been found unsatisfactory, a departmental proceeding was initiated. The enquiry officer had found the charge of gross indiscipline and dereliction of duty to be true and based on the enquiry report, an order was passed on 13-08-2018 by the respondent no. 4 by which the writ petitioner was dismiss
The dismissal of an employee from service can be upheld if found proportionate to the misconduct of prolonged unauthorized absence, particularly in disciplined forces.
Sub-Section (2) of Section 145 of 'the Act' speaks about withdrawal from duty in contravention of Section 29 of 'the Act'. Section 29 of 'the Act' provides that no Police Officer shall withdraw himse....
Wilful absence from duty over a prolonged period by a member of a disciplined force constitutes continued misconduct, justifying dismissal.
Disciplinary dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
Unauthorized absence without compelling circumstances and habitual absenteeism can lead to disciplinary action, and the lack of devotion to duty can justify the punishment of removal from service.
Proper procedure in holding the inquiry, sufficiency of notices served, and the petitioner's entitlement to pension based on years of service.
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