ANAND PATHAK
Ramesh Kumar Dhurve – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Petitioner has preferred this petition under Article 226 of the Constitution of India seeking following reliefs:-
“(A) This Hon'ble Court may be pleased to quash the impugned orders dated 19.3.2001 (Annexure P-8), appellate order dated 21.2.2002 (Annexure P-10) and order of mercy appeal dated 26.10.2002 (Annexure P-11) and direct the Respondents to reinstate the petitioner in service as Constable with all consequential benefit.
(B) The Respondents may also be directed to produce entire record pertains to departmental enquiry against the petitioner.
(C) Any other relief or reliefs, order or orders, direction or directions which this Hon'ble Court deems fit and proper may kindly be issued in favour of the petitioner.
(D) Cost of the petition be awarded to the petitioner.”
2. Precisely stated facts of the case are that petitioner was initially appointed as Constable in the Establishment of Madhya Pradesh Police. On 13.9.1997, petitioner while posted as Guard at Syndicate Bank did not turn up for duty, therefore, absence was recorded in Roj Namacha. Thereafter, between the period 13.9.1997 to 26.11.1997 for total 75 days, he remained absent without sanction of leave. Thereaf
Disciplinary authority must prove willfulness of unauthorized absence; absence due to illness is not misconduct and penalties must be consistent across similar cases.
Sub-Section (2) of Section 145 of 'the Act' speaks about withdrawal from duty in contravention of Section 29 of 'the Act'. Section 29 of 'the Act' provides that no Police Officer shall withdraw himse....
The main legal point established in the judgment is that in a departmental proceeding, the absence must be proven to be willful, and disproportionate punishment warrants judicial review.
Disciplinary proceedings can continue independently from criminal cases, and acquittal does not guarantee reinstatement; the standard of proof in such proceedings is preponderance of probabilities.
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