Himachal Pradesh High Court Finds Dismissal of ITBP Constable Disproportionate, Orders Pension Benefits

Court Rules in Favor of Mahender Singh, Directs Discharge with Pension After 20 Years, Without Back Wages

In a significant ruling, the Himachal Pradesh High Court has found the dismissal of Mahender Singh, a constable with the Indo-Tibetan Border Police (ITBP), to be disproportionate and ordered his discharge from service with pension benefits after 20 years of service. The court noted that the dismissal was harsh, given the circumstances of his unauthorized leave due to illness, and directed that Singh should not receive back wages for the period between his dismissal and the completion of pensionable service.

The judgment, delivered by Justice Sandeep Sharma, came in response to a petition filed by Singh challenging his dismissal for unauthorized leave. Singh, who served for over 18 years before his dismissal, was declared a "deserter" by ITBP authorities following his failure to return from leave, which he had extended due to medical reasons. The court found that the ITBP did not properly investigate Singh's claims of illness before declaring him a deserter and dismissing him.

The court drew parallels with a precedent from the Supreme Court in the case of Yasodhar Kamat v. Director General Border Security Force, where the dismissal was found to be disproportionate under similar circumstances. Justice Sharma noted that Singh’s dismissal without an inquiry into his illness claims was improper and that his long service and unblemished record should have been considered.

Singh had applied for leave extension due to health issues, including a neuro problem and tuberculosis, but the ITBP did not extend his leave, leading to a series of communications and memorandums urging him to rejoin. Despite these efforts, Singh was eventually dismissed without a thorough inquiry into his medical condition.

The court ordered that Singh be discharged from service with pension benefits after completing 20 years of service. However, he will not receive back wages from the time of his dismissal to the completion of his pensionable service. This decision highlights the need for employers to conduct proper inquiries into claims of illness before taking severe disciplinary actions.

This ruling underscores the importance of proportionality in disciplinary actions and the obligation of employers to verify claims of illness before making declarations of desertion. It serves as a reminder of the judiciary's role in ensuring fairness and justice in employment-related disputes.

Bottom Line:

Dismissal from service due to unauthorized leave - Employee with 18 years of service dismissed without proper inquiry into illness - Court held dismissal disproportionate and ordered discharge from service with pension after completion of 20 years of pensionable service without back wages.

Statutory provision(s): ITBP Rules, 1994, Section 168/169 Chapter XIII of the ITBP Rules, 1994

Mahender Singh v. Union of India, (Himachal Pradesh) : Law Finder Doc Id # 2793255