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G. S. AHLUWALIA
Manoj Khare S/o Late Shri Doulat Khare – Appellant
Versus
State Of Madhya Pradesh Through Principal Secretary Home Department (Police Department) – Respondent
ORDER :
This Petition under Article 226 of Constitution of India has been filed seeking following reliefs:
(7.2) That the Hon’ble High Court may kindly be directed to respondents to be given permission to rejoin his post during the pendency of this petition.
(7.3) That, the Hon’ble High Court may kindly be grant any other writ, direction or order which this Hon’ble court may be deem fit.”
2. Petitioner was appointed as Constable by order dated 01.09.1994. A charge sheet was issued against petitioner on the following charges:
(ii) On 17.07.2016, he was relieved for Police Station Bijadehi but he did not give his joining on 17.07.2016 and gave his joining on 13.08.2016 and accordingly, he remained on unauthorized absence for 27 days, which is an indicative of gross negligence in discipline and
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
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 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 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 court upheld the disciplinary authority's decision to impose a 100% pension cut for unauthorized absence, emphasizing the importance of discipline in public service.
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.
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