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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Santosh Kumar Sahu – Appellant
Versus
D.G. & I.G. of Police, Police Head Quarters, Buxi Bazar, Cuttack – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings and punishment reduction (Para 2 , 3 , 4) |
| 2. legal argument regarding imposition of black marks (Para 5 , 6) |
| 3. court's analysis on moral turpitude and black marks (Para 7 , 8) |
| 4. reference to prior judgment on double jeopardy (Para 9) |
| 5. modification of previous judgment regarding financial benefits (Para 10 , 11) |
JUDGMENT :
By the Bench;
1. This matter is taken up through hybrid mode.
2. This writ appeal has been filed for assailing the order dated 28.02.2023 passed by this Court in WP(C) (OA) No.1536 of 2019 under Annexure-1. The Appellant also prays for quashing the departmental proceeding dated 11.06.2015 and punishment order dated 28.07.2018, under Annexures-6 & 11 respectively, to the writ petition. The appellant also prays for consequential reliefs.
3. Mr. Khuntia, learned counsel submits that the appellant, while working as a Sepoy in 3rd Battalion, Koraput, applied for leave from 03.02.2015 to 11.02.2015 due to his illness. However, he overstayed the sanctioned leave and therefore, he again applied for 15 days’ leave from 12.02.2015 on health grounds. The leave was not extended and the appellant was instructed to report for duty by 07.03
The imposition of black marks in disciplinary proceedings is restricted to cases involving moral turpitude; unauthorized absence does not meet this threshold.
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
The quantum of punishment imposed on a member of a disciplined force, such as a police constable, for unauthorized absence should be proportionate to the charges established, considering factors such....
The quantum of penalty should not be interfered with unless shockingly disproportionate to the misconduct. The gravity of the misconduct, the frequency of such conduct, and the member's service histo....
The punishment imposed must be in accordance with the prescribed list of punishments under the relevant rules and should not deviate from the statutory provisions.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
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