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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Suresh Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this Court has been invoked under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari for setting aside/quashing the impugned order dated 29.03.2025 (Annexure P- 8) passed by the respondent no 2, being wrong, illegal, arbitrary, perverse, contrary to law and facts and against the settled law, in the interest of justice.
Brief facts
2. The petitioner was serving as a Head Constable in the Indo-Tibetan Border Police Force, posted with 17th Battalion at Rekong Peo, District Kinnaur, Himachal Pradesh. The petitioner was granted earned leave for a period of 45 days from 19.10.2024 to 02.12.2024. During this period, the petitioner suffered severe personal hardships as both his parents expired and he also went through a divorce, leaving him emotionally distressed and depressed. Due to the absence of any family member at his native village, the petitioner temporarily stayed at his brother’s residence in Panipat for emotional support and medical treatment. Consequently, official communications sent by the department to his village address could not be received by him.
3. Subsequently, the petit
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.
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
Unauthorized absence without compelling circumstances and habitual absenteeism can lead to disciplinary action, and the lack of devotion to duty can justify the punishment of removal from service.
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