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CENTRAL ADMINISTRATIVE TRIBUNAL
Rupesh Kumar – Appellant
Versus
Comm. Of Police – Respondent
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No. 371/2019 Reserved on: 13.01.2026 Pronounced on: 16.01.2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon’ble Dr. Sumeet Jerath, Member (A)
Shri Rupesh Kumar, S/o Shri Bram Pal Singh, Age 30 years, DOB: 15.06.1988, R/o Village & Post: Jasoi, District: Muzaffarnagar, UP-251301, Ex-Constable (Exe.), Group C, No.4484/Sec.(PIS No. 29100661)
Delhi Police, New Delhi - Applicant (By Advocates: Mr. RV Sinha with Mr. Amit Sinha)
VERSUS
1. Govt. of NCT of Delhi, Delhi Secretariat, New Delhi-110002 (Through: the Chief Secretary) 2. Commissioner of Police, Delhi Police, Police HQ, New Delhi-110 002
3. Joint Commissioner of Police, Delhi Police, Security, New Delhi
4. Dy. Commissioner of Police, Delhi Police, Security (HQ), New Delhi - Respondents (By Advocate: Mr. Ashish Rai)
Unauthorized absence without evidence of willfulness cannot justify severe penalties like dismissal, reflecting a lack of proportionality in disciplinary actions.
The absence from duty without application or permission may not always amount to unauthorized absence, especially in the context of compelling circumstances such as illness or quarantine due to COVID....
The punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
The main legal point established in the judgment is the justification of dismissal for grave misconduct, insubordination, and indiscipline due to unauthorized absence from duty for over two years, de....
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