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IN THE HIGH COURT OF TELANGANA
Nagesh Bheemapaka
Talari Narayanappa – Appellant
Versus
State of Telangana – Respondent
ORDER :
Nagesh Bheemapaka, J.
Heard Sri C. Damodar Reddy, learned Senior Counsel appearing for Sri C. Ruthwik Reddy, learned counsel for petitioner and learned Special Government Pleader for Home (Services) on behalf of Respondents.
2. The case of petitioner is that he was selected and appointed as Police Constable in 2nd BN at Kurnool in 1983 and discharged his duties regularly and sincerely for more than 12 years. Subsequently, he was promoted as Head Constable and transferred to 10th BN, APSP, Beechpally in 1995. As things stood thus, on 02.07.2014, petitioner was posted as store NCO and in-charge of Bell of Arms at Quarter Guard of the said campus and since he was under severe mental agony and disturbed state of mind due to the death of his grandson, he took permission from Sri. NVAN Reddy, RSI, who was in duty at that time and went to his quarter and slept and thereafter, the duty officer Sri. V. Laxminarayana, RI called him over phone and as per his direction, came to quarter guard and slept there and further in the early hours at about 5:30 am in the routine course, petitioner opened Bell of Arms for verifying the intact position of Arms and Ammunition and closed the Bell of Ar
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The penalty imposed for negligence in duty was upheld as proportionate and justified, emphasizing the importance of discipline in a disciplined force.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
The court quashed the enhanced penalty of removal from service, holding that the charges of misconduct were not proved, emphasizing reliability issues in witness testimonies.
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
The principle of proportionality mandates that disciplinary punishment must be commensurate with the gravity of the misconduct, and dismissal for minor infractions may be deemed excessive.
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