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H. S. THANGKHIEW
Amzad Khan – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
H.S. THANGKHIEW, J.
1. The writ petitioner being aggrieved with his removal from service on account of unauthorized absence, which he claims is not willful, but due to compelling circumstances is before this Court, assailing the order of removal dated 17.06.2020, passed by the respondent No. 4, and the appellate order dated 15.02.2021, passed by the respondent No. 3, whereby the order of removal has been upheld.
2. The petitioner who was serving in the Meghalaya Police, due to his unauthorized absence for the period from 14.12.2019 to 18.03.2020, without any information to his superiors was subjected to departmental proceedings. The said proceedings culminated in the orders of removal from service, which the petitioner alleges is arbitrary, and the punishment awarded disproportionate to the alleged misconduct. It has also been contended that, adequate opportunity was not afforded to the writ petitioner and that there was no willful absence from duty as the petitioner was hospitalized and suffering from psychiatric issues, brought upon by alcohol dependency.
3. Mr. S. Deb, learned counsel for the petitioner submits that, the petitioner was unable to attend his duties, as he w
Point of Law : Discipline is the backbone of the Police force and the highest degree of discipline is imperative for the smooth functioning of the police force.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
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.
Absence due to compelling circumstances cannot be deemed willful; disciplinary authorities must prove willfulness for misconduct.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Unauthorized absence without evidence of willfulness cannot justify severe penalties like dismissal, reflecting a lack of proportionality in disciplinary actions.
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