ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 06-02-2025 Heard learned Advocates for the parties.

2. A Constable was proceeded against departmentally for remaining absent unauthorisedly for a period of 13 days. He had remained absent earlier for 36 days also. These two unauthorised absence of the concerned Sepoy led to his being charge-sheeted on

17.09.2011 and in the departmental proceeding, he was saddled with the imposition of penalty of compulsory retirement on 20.03.2012.

3. He challenged the aforenoted punishment primarily on the ground of it being disproportionate and harsh, which was allowed by the learned Single Judge vide his judgment dated 31.08.2022 passed in CWJC No. 10065 of 2013. The learned Single Judge held that such major penalty of compulsory retirement for unauthorised absence for few days is too harsh and called for an interference on that score alone. Certain instances were quoted by the learned Single Judge where such harsh punishment was interfered with.

4. As such, the matter was remitted to the disciplinary authority to impose lesser penalty and extend all monetary and service benefits to the employee within the timeline prescribed in the judg