The penalty of removal from service is disproportionate when the period of unauthorized absence is attributed to chronic or serious health issues (specifically during the COVID-19 pandemic) and the employee has a long, distinguished service record, despite a history of past disciplinary lapses.

ORDER:

This Writ Petition is filed to declare the proceedings of the 2nd respondent vide proceedings No.704/T4/2022, dated 18.11.2023, as confirmed by the 3rd respondent by his order vide C.No.A5/03/1553/PR/0E/2022 (1407), dated 18.10.2022 vide C.O.O.No. 1056/2022, in removing the services of the petitioner as PC.170, Muttaram PS, Peddapalli District, as illegal.

2. Heard Sri Kadire Krishnaiah, learned counsel for the petitioner and learned Government Pleader for Services (Home), appearing for the respondents and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner was selected as a police constable and was appointed on 10.08.1990. Ever since of the date of his appointment, the petitioner has rendered his services to the department in various places as a Police Constable and received awards and rewards for his outstanding services. On a term wise basis, he was allotted for Tamilnadu Election bundobust duty, and the same was intimated to him over a phone call on 23.04.2021 at 07.45 hours. On 25.03.2021, petitioner was handed over the counter file slip of summons while he was working as a Police Constable at Pothkapalli Police Station, Commissionerate of Police, Ramagundam. After completion of the summons duty, he was affected with severe hypertension and chest pain suddenly. Subsequently, he sent a message through WhatsApp to the Sub Inspector of Police, Pothkapalli.

4. Learned counsel for the petitioner further submits that the petitioner immediately rushed to the Hospital for treatment on 26.03.2021. The Medical Officer, TSVVP, Godhavarikani, advised the petitioner to take at least 10 days bed rest due to CAD, Hypertension emergency, with effect from 26.03.2021 to 05.04.2021, and he certified the same by issuing "Form-A." After hearing this fact, the petitioner informed the Sub Inspector of Police about his health condition and requested that a Sick Passport be issued duly enclosing the out Patient Card and a doctor’s certificate. Due to these reasons, the Petitioner was unable to attend duties from 26.03.2021 to 10.04.2021.

5. Learned counsel for the petitioner further submits that the petitioner went to the P.S. on 11.04.2021 to join in his duties and also requested the Sub Inspector, Pothkapalli, to permit him to join duties. But, the Sub Inspector did not consider his request. Again, the petitioner went to attend the duties on the next day i.e., 12.04.2021 and requested the Sub Inspector to permit him to join duties, but the same was rejected. The Petitioner had been waiting for the duties from 9:00.A.M to 5:00.P.M., but the Sub Inspector of Police, Pothakapalli, did not take him into the duties on the next day either.

6. Learned counsel for the petitioner further submits that in the said circumstances, the petitioner went to the officer of the Inspector of Police to meet him personally to make a representation to take him into the duties on 14.04.2021, but the Inspector of Police was not available in the office on that day. As such, he informed the Inspector of Police over the cell phone about what had happened.

7. Learned counsel for the petitioner further submits that later, the petitioner again fell sick severely, immediately rushed to the Hospital and on test, detected COVID positive on 16.04.2021. Immediately, he rushed to Aryan Care & Cure Hospital Karimnagar, and after giving first aid, they refused to admit the petitioner as the petitioner’s c