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S. M. SUBRAMANIAM
K. Ramachandran – Appellant
Versus
Union of India, Rep. by its Secretary to Government, New Delhi – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 3rd respondent in his Order No.R.XIII-60/2016-Adm-7, dated 10.08.2016, confirming the order of the 4th respondent dated 16.01.2016 in his Office Order No.R.XIII-08/2015-EC-3, confirming the order of the 5th respondent in his Office Order No.P.VIII-5/2015-42-ECII(KRC) dated 17.08.2015 and quash the same and to direct the respondents to take the petitioner as Constable in the strength of Central Reserve Police Force.)
1. The punishment of removal from service issued by the Disciplinary Authority, which was confirmed by the Appellate Authority are under challenge in the present writ petition.
2. The petitioner states that he joined as Constable in the Central Reserve Police Force (in short 'CRPF') on 15.04.1991 and had served all over India, more specifically at Ludhiana, Pattankot, Srinagar, Baramulla (Assam). When the petitioner was working at Jammu & Kashmir Area, he was transferred to GC/Avadi, Chennai. The petitioner states that he suffered Psychological and Neuro problems, for which, he had taken t
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
Unauthorised absence is an act of indiscipline and may lead to disciplinary action, including dismissal from service.
Unauthorized absence from duty in a disciplined paramilitary force constitutes grave misconduct; disciplinary proceedings conducted ex-parte following the employee's failure to respond to legitimate ....
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Unauthorized absence without sufficient grounds and lack of credible explanation for medical illness can justify disciplinary action under the Central Reserve Police Force Act and Rules.
The court ruled that while the petitioner was guilty of misconduct, the punishment of removal from service was found to be disproportionate, warranting reinstatement with a lesser penalty.
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.
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