Himachal Pradesh High Court Upholds Discharge of Lady Constable for Willful Absence

Court dismisses petition challenging discharge due to absence during training, citing lack of medical evidence and incorrigible conduct.

The Himachal Pradesh High Court, presided over by Justice Ranjan Sharma, has upheld the discharge of Sapna Devi, a Lady Constable, from service, affirming the disciplinary actions taken against her due to willful absence during her training period. The judgment, delivered on November 18, 2025, reiterated the importance of adherence to duty and the consequences of absenteeism without valid justification.

Sapna Devi was discharged from her position in the 5th IRBn, Bassi, District Bilaspur, after being absent from training without sufficient medical documentation or other convincing evidence. The absence spanned two periods: from February 19, 2010, to April 6, 2010, and from April 23, 2010, to May 31, 2010. The court noted that only a part of the first period was supported by medical certificates, leaving significant gaps unexplained.

The disciplinary proceedings, conducted under Rule 16.24 of the Punjab Police Rules applicable in Himachal Pradesh, found her conduct incorrigible, leading to her discharge under Rule 12.21. This rule allows for the discharge of personnel unlikely to prove efficient within three years of enrollment.

The High Court emphasized that its role was not to reassess evidence as an appellate authority but to ensure procedural fairness. It found no procedural irregularities, violation of natural justice, or extraneous considerations in the disciplinary actions taken. The court also dismissed the petitioner's plea of poverty and starvation as insufficient to overturn established misconduct.

The petitioner had sought to quash the discharge order and reinstate her position, citing illness as the reason for her absence. However, the court found that the petitioner failed to provide adequate medical evidence for her absences and noted her failure to respond to a show-cause notice as a significant factor in upholding the discharge.

The judgment serves as a stern reminder to public servants about the seriousness of duty and the repercussions of non-compliance. The decision aligns with Supreme Court precedents, which limit judicial intervention in disciplinary matters unless procedural or legal violations are evident.

Bottom Line:

Service Law - Discharge of petitioner from service as a Lady Constable during training period due to willful absence upheld - Absence without valid medical or documentary evidence considered willful and incorrigible.

Statutory provision(s): Rule 12.21 of Punjab Police Rules, Rule 16.24 of Punjab Police Rules, Article 226 of the Constitution of India.

Sapna Devi v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2819740