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VIKAS BAHL
Rajbir Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner applied for earned leave due to health issues. (Para 1 , 2) |
| 2. challenging orders deemed unfair due to lack of consideration. (Para 3 , 4) |
| 3. prior leave sanction must be addressed in decisions. (Para 6 , 7) |
| 4. court directs reconsideration of leave application. (Para 8) |
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
Present writ petition has been filed under Article 226 of the Constitution of India for the issuance of a writ of certiorari for setting aside the order dated 27.07.2021 (Annexure P-17) passed by Superintendent of Police, Kaithal, vide which, the period of 120 days for which the petitioner absented himself has been sanctioned as leave without pay. Challenge is also to the order dated 14.12.2021 (Anneuxre P-21) passed by the Inspector General of Police, Karnal Range, Karnal, vide which the representation filed by the petitioner has also been rejected.
2. Undisputed facts in the present case are that the petitioner was recruited as Constable in the Haryana Police on 31.10.1985 and had earned promotion as officiating Head Constable on 22.03.2002 and officiating sub inspector on 04.05.2018. The petitioner has voluntarily retired from service w.e.f. 09.08.2021.
The court emphasized the finality of leave granted by the Head of Department and the requirement for authorities to address all relevant facts and circumstances before making decisions affecting empl....
Unauthorized absence from duty, failure to abide by leave application directions, and pre-planned leave without proper sanction constitute gross indiscipline, misconduct, and dereliction of duty unde....
The respondents' issuance of impugned orders without following the principles of natural justice was a fundamental fault. The court emphasized the importance of serving a formal show cause notice, gr....
The court held that disciplinary actions affecting an employee's career must adhere to the principles of natural justice, including the right to be heard prior to adverse decisions.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
Deemed resignation order under CCS Leave Rule 12(2) quashed for being non-speaking without cogent findings on medical explanations; authority must reconsider with possible medical verification before....
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
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