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MUMMINENI SUDHEER KUMAR
R. Thirukumar – Appellant
Versus
Director General of Police, Chennai – Respondent
JUDGMENT :
(Prayer: Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records in R.C.No. 445517/AP 3(1)/2020, dated 21.08.2020 on the file of the 1st respondent and in C.No.D1/P.R.No.04/2007, dated 01.06.2007 on the file of the 2nd respondent and quash the same as illegal and consequently directing the respondents to reinstate the petitioner into service with all service and monetary benefits.)
1. The petitioner herein, while he was working as Grade-II Constable with PC.No.2833 under the control of the 2nd respondent herein, was subjected to disciplinary proceedings on the ground of desertion from service, as he absented from his duties from 15.01.2007, by issuing a charge memo dated 13.04.2007. In response to the said charge memo, the petitioner submitted his explanation on 01.05.2007 stating that he was suffering from mental illness and he is undergoing treatment for the same. However, Respondent No.2 having not been satisfied with the said explanation, appointed an Enquiry Officer to enquire into the charges framed against the petitioner. But, the petitioner did not participate in the enquiry proceedings and acco
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.
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....
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 ....
The petitioner was given a fair opportunity to show cause and had admitted to the charges of unauthorised absence. The delay in approaching the court after the service termination disentitled the pet....
Disciplinary punishment must be proportionate to the offense, and dismissal for unauthorized absence is excessive compared to lesser disciplinary actions.
The Court emphasized the importance of integrity and devotion to duty in Uniformed Services, and held that unauthorized absence, even with medical grounds, may justify dismissal from service.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The main legal point established in the judgment is the application of the principle of proportionality in reviewing the excessive nature of the dismissal order in light of the petitioner's medical c....
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