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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 :
1. This matter is taken up through hybrid mode.
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 07.03.2015 by the Commandant, OASP, 3rd Battalion, Koraput vide his order dated 25.02.2015. But due to his illness, the appellant could not join in his service. However, after recovery, the appellant submitted a representation on 15.07.2015. But without accepting the same, a disciplinary proceeding was initiated. In the said departmental proceeding, the appellant was imposed with the punishme
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.
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
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