Himachal Pradesh High Court Substitutes Dismissal with Compulsory Retirement for Retired Major

Major Onkar Singh Guleria's dismissal changed to compulsory retirement with consequential benefits following an unconditional apology and health considerations

News Report: In a significant judgment, the Himachal Pradesh High Court has modified the punishment of dismissal from service to compulsory retirement for Major Onkar Singh Guleria, a retired military officer. The Division Bench, consisting of Chief Justice Mr. G.S. Sandhawalia and Justice Ranjan Sharma, delivered the judgment on September 9, 2025, considering the appellant's military background, advanced age, and serious health conditions.

Major Guleria, who had been dismissed for misconduct, tendered an unconditional apology for his previous conduct, which included inappropriate correspondence with judicial authorities. The court recognized the appellant's lengthy service to the state and his current health challenges, such as cancer and hypertension, which merited a more lenient approach in view of the doctrine of proportionality.

The judgment detailed the appellant's misconduct, including bypassing administrative channels and addressing communications directly to the Chief Justice, leading to charges of serious misconduct. Despite being charge-sheeted, Major Guleria did not participate in the inquiry proceedings, resulting in an ex-parte inquiry and subsequent dismissal from service.

However, the High Court acknowledged the appellant's military service and the lack of personal malice in his actions. The court noted that the dismissal was disproportionate and shocking to its conscience, opting instead for compulsory retirement, thereby allowing Major Guleria to receive pensionary and other benefits.

The court also dropped criminal contempt proceedings against Major Guleria, recognizing his apology and the mitigating factors related to his age and health. This decision underscores the court's commitment to fairness and justice, particularly in cases involving senior citizens and veterans.

Bottom Line:

The punishment of dismissal from service was substituted with compulsory retirement, considering the appellant's military background, senior age, and health conditions, along with an unconditional apology. 

Statutory provision(s): Central Civil Services (Classification, Control and Appeal) Rules, 1965

Major Onkar Singh Guleria v. State of HP, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2778802