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S.A.DHARMADHIKARI
Brijesh Kumar Shrivastav – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This Writ Petition has been filed under Article 226/227 of the Constitution of India assailing the order of punishment of removal from services dated 31.7.2004 (Annexure P/1) passed by the Superintendent of Police, District Morena as well as order dated 5.1.2005(Annexure P/2), whereby order dated 31.7.2004 have been affirmed by the DIG, Chambal Range, Gwalior so also order dated 24.8.2007 (Annexure P/3) passed by respondent No.3 rejecting the appeal filed by the petitioner.
2. The brief facts leading to filing of this case are that the petitioner was appointed on the post of Constable on 20.7.1988 in District Sehore after following due procedure, from where he was transferred to Shivpuri. Thereafter, he was transferred to PTS, Tighra and in December, 2002, he was transferred from PTS, Tighra to District Morena. On 12.2.2003, the petitioner was deployed at Police Lines, Morena. Due to personal ailment, the petitioner came into depression and he could not attend the duties w.e.f. 12.2.2003 to 20.5.2003. However, he reported for duty on 20.5.2003 and also submitted the medical certificates. For the aforesaid lapse, charge sheet was issued against the petitioner for remaining
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.
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....
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.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The dismissal of an employee from service can be upheld if found proportionate to the misconduct of prolonged unauthorized absence, particularly in disciplined forces.
Disciplinary authorities must adhere to procedural fairness, including providing defense opportunities, failure of which can breach principles of natural justice, but penalties imposed for gross indi....
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