Court Quashes Dismissal Order, Highlights Non-Wilful Absence Due to Medical Emergencies
In a significant ruling, the Punjab and Haryana High Court has set aside the dismissal of Vivek Kumar, a constable of the Central Reserve Police Force (CRPF), who was terminated from service for alleged desertion due to absence without leave. The court found that the absence was not wilful but rather intertwined with medical emergencies, including a serious road accident and prolonged hospitalization.
Justice Sandeep Moudgil, presiding over the case, highlighted that the dismissal violated principles of natural justice and was disproportionate to the alleged misconduct. The court directed the CRPF to reinstate Vivek Kumar with full back pay and benefits, including interest on arrears.
Vivek Kumar's troubles began when he failed to report back to duty after an approved leave due to a road accident that resulted in serious injuries. Despite his efforts to inform the authorities and seek extensions, he was declared a deserter in December 2018. An ex parte departmental inquiry followed, culminating in his dismissal in April 2019.
The High Court criticized the CRPF's inquiry process, noting that it was conducted without affording Kumar a genuine opportunity to be heard. The judgment emphasized the necessity of adhering to procedural rigor, especially when such severe consequences are at stake.
The court underscored that absence due to medical reasons, substantiated by hospital records, cannot be equated with desertion unless wilfulness is proven. The CRPF's actions were deemed mechanical, lacking the necessary consideration of medical evidence and personal circumstances.
This decision reiterates the judicial stance that disciplinary actions, especially dismissals, must be proportionate and fair, respecting both institutional discipline and individual rights. The ruling serves as a reminder to authorities to balance enforcement with empathy, ensuring that procedural fairness is upheld.
Bottom Line:
Service Law - Dismissal from service on the ground of absence without leave - Held, absence per se does not constitute misconduct unless it is proved to be wilful. Dismissal order set aside, as the petitioner's absence was intertwined with medical exigencies and the punishment was held to be shockingly disproportionate.
Statutory provision(s):
- Central Reserve Police Force Act, 1949
- CRPF Rules, 1955
- Articles 226 and 227 of the Constitution of India
Vivek Kumar v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2873274
