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Civil · Reportable judgment

State of Punjab and Others vs Ex. C. Satpal Singh

Court
Supreme Court of India
Date
29 August 2025
Case No.
Civil Appeal No. 312 of 2012
Result
Allowed
Bench
J.K. Maheshwari
Citation
[2025] 8 S.C.R. 2326 : 2025 INSC 1056
Acts & Sections
Punjab Police Rules, 1934
Supreme Court Reports [2025] 8 S.C.R. 2326 : 2025 INSC 1056
Issue for consideration
Issue arose for consideration whether the disciplinary authority took into consideration the past conduct of the respondent while passing the dismissal order.
Headnote

Service law – Dismissal from service – Unauthorized absence – Respondent appointed as constable in the Punjab Armed Forces and then transferred to the Commando Force – Respondent dismissed from the service on account of unauthorized absence – Respondent remained absent from duty for 68 days, 180 days, 20 days, and lastly for 37 days, for which the departmental enquiry was initiated, and was dismissed from the service – Suit by the respondent for declaration that the said order be declared as null and void and illegal, and mandatory injunction for reinstatement with continuity of service along with back wages – Suit as also first appeal dismissed – In second appeal, the High Court set aside termination order holding that while passing the termination order, the disciplinary authority took into consideration the previous misconduct of the respondent which was not put to him in the show cause notice, however the relief of back wages denied – Correctness:

Read the full headnote (1 more paragraph)

Held: Dismissal of the respondent was based on gravest act of misconduct, for which he was dealt with by the disciplinary authority following the procedure as prescribed and in due observance of principles of natural justice, hence, no fault in the same – Absence of the respondent from the duty on various occasions in a short tenure of service of around 7 years, is a gross indiscipline on the part of the respondent and thus, no illegality in the order passed by the disciplinary authority – Reliance on r.16.2(1) of the 1934 Rules by the High Court also misplaced – Respondent was dealt by the department earlier on three occasions having remained absent from duty and the penalties were inflicted for the same – It is the fourth time when he remained absent to which, a chargesheet was issued and his guilt was found proved – He himself had not crossexamined the departmental witnesses and also had not produced any witness in his defense – Considering all these aspects and having found proved his misconduct, notice to show cause from dismissal was issued to the respondent – Disciplinary authority, while imposing the penalty, had merely referred the past conduct and also given weight to the gravest act of misconduct – Order of dismissal not based on the charge of “cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service” – Thus, mere reference of the past conduct would not amount to constitute dismissal of the respondent based on the second limb of r.16.2(1) – Impugned judgment of the High Court set aside – Punjab Police Rules, 1934. [Paras 25, 27, 29, 33]

Keywords: Disciplinary authority · Past conduct · Dismissal order · Unauthorized absence · Constable · Punjab Armed Forces · Commando Force · Dismissed from service · Absent from duty · Departmental enquiry · Suit for declaration and mandatory injunction · Reinstatement · Continuity of service · Back wages · Termination order · Show cause notice · Misconduct · Principles of natural justice · Gross indiscipline · Forfeiture · Incorrigibility and complete unfitness for police service · Punishment

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vijay Bishnoi, J. 1. This appeal has been preferred by the appellants challenging the Judgment dated 04.08.2010 passed in R.S.A No. 3802 of 2004 passed by the High Court of Punjab and Haryana. 2. The facts, in brief, are that the respondent was appointed as a Constable in the Punjab Armed Forces on 04.08.1989. In the year 1992, the respondent was transferred to the Commando Force and was posted at Bahadurgarh, Patiala Headquarter of the 2nd Commando Battalion. The respondent applied for five days leave, however, was granted leave only for one day. He proceeded to leave on 02.04.199
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