Madhya Pradesh High Court Quashes Punishment for Constable's Absence Due to Illness

Court Orders Reconsideration, Citing Non-application of Mind by Disciplinary Authorities

In a significant judgment, the Madhya Pradesh High Court has set aside the punishment imposed on Head Constable Roop Singh for unauthorized absence, directing fresh consideration of the case. The judgment delivered by Justice Ashish Shroti underscores the importance of considering defense documents and medical certificates in departmental inquiries.

Roop Singh, who served at Police Station Banmore, District Morena, faced disciplinary action for not resuming duties after sanctioned leave, resulting in 99 days of absence. Despite submitting medical certificates citing his father's illness and his own health issues, the Enquiry Officer and disciplinary authorities failed to consider these documents, leading to the withholding of Singh's salary increment with cumulative effect.

Justice Shroti, while examining the writ petition, concluded that the authorities exhibited non-application of mind by ignoring the defense and supporting documents presented by Singh. The court emphasized that absence due to illness should not automatically be deemed misconduct unless proven intentional and willful.

The court also addressed objections regarding the role of the Enquiry Officer, affirming that the questioning by the officer did not equate to rigorous cross-examination. The procedural fairness was maintained, and the objection was dismissed.

With this judgment, the High Court has directed a fresh evaluation of the case, mandating consideration of all relevant documents and defenses. If the reconsideration favors Singh, the financial loss due to the withheld increment will be rectified.

This decision highlights the judiciary's role in ensuring procedural fairness and safeguarding employee rights within departmental inquiries.

Bottom Line:

Departmental Enquiry - Absence from duty due to illness - Non-consideration of medical certificates and defense documents by the Enquiry Officer and disciplinary authorities amounts to non-application of mind - Orders imposing punishment set aside; matter remitted for fresh consideration. 

Statutory provision(s): Article 226 of the Constitution of India, M.P. Civil Services (Leave) Rules

Roop Singh v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2785802