Back
JAGMOHAN BANSAL
Manjeet Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 25.06.2013 (Annexure P-2) whereby husband of the petitioner was dismissed from service and order dated 23.01.2017 (Annexure P-4) whereby appeal of the petitioner has been dismissed on the ground of delay as well as merits.
2. Gurinder Singh-husband of the petitioner joined Punjab Police on 01.04.1992 as Constable. He was having two sons who passed away and he met with an accident. The wife of the said employee also passed away and he solemnized second marriage with petitioner on 17.04.2002. These circumstances led the said employee to remain absent from duty. The said employee remained absent from duty from 18.09.2011 to 02.11.2011 and he reported to respondent-department on 03.11.2011. On account of absence from duty for one month and sixteen days, the respondent-department initiated an inquiry against the said employee. The Inquiry Officer in its report dated 28.11.2012 (Annexure P-6) found the said employee guilty of absence from duty. The Commissioner of Police, Amritsar vide order dated 24.05.2013 (Annexure P-2)
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
The central legal point established in the judgment is the mandatory nature of dismissal of a police officer upon conviction and imprisonment, as prescribed in Rule 16.2(2) of the 1934 Rules.
Absence from duty for 44 days without leave constitutes gravest misconduct justifying dismissal in a disciplined force, and procedural claims of unfair treatment were insufficient to overturn the dis....
Termination – If past conduct of an employee is basis for imposing punishment, department is obliged to disclose that his past record will also be taken into consideration while inflicting punishment....
The court emphasized the importance of considering compelling circumstances, avoiding double jeopardy, and imposing proportionate punishment in service dismissal cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
