Devinder Singh's appeal dismissed; court emphasizes discipline in police service
In a significant ruling, the Punjab and Haryana High Court has upheld the dismissal of Devinder Singh, a constable in the Punjab Police, for unauthorized absence from duty, reinforcing the importance of discipline within the police force. The judgment, delivered by Justice Namit Kumar, overturns previous decisions by the trial and first appellate courts which had reinstated Singh without back wages.
The case dates back to 1989 when Singh, after being granted leave from 25th August to 31st August, failed to resume his duties citing illness. Subsequently suspended on 26th October 1989, Singh faced disciplinary action, resulting in his dismissal on 26th July 1990. Singh opted to challenge the dismissal in civil court rather than pursuing departmental appeals.
The trial court initially ruled in Singh's favor, decreeing his reinstatement on grounds that his absence did not constitute grievous misconduct, a decision upheld by the first appellate court with modifications regarding back wages. However, the state government contested these rulings, leading to the current appeal.
Justice Kumar's judgment draws heavily on precedents set by the Supreme Court, notably in the case of State of U.P. v. Ashok Kumar Singh, which underscores unauthorized absence by police personnel as a grave misconduct. "As members of a disciplined force, police officers are expected to adhere strictly to rules and regulations. Unauthorized absence disrupts operational efficiency and strikes at the core of institutional discipline," the judgment states.
The court dismissed arguments that regularizing absence as leave without pay nullifies the misconduct, clarifying that such administrative actions do not erase the disciplinary breach. The judgment references State of Punjab v. Dr. P.L. Singla, further asserting that regularization does not condone or negate the misconduct.
The ruling sends a clear message regarding the stringent standards expected of law enforcement officers, underscoring that operational discipline is paramount. Devinder Singh's appeal was consequently dismissed, with the court affirming the original disciplinary action of dismissal.
This judgment is seen as pivotal in reinforcing discipline within the police force, reiterating the precedence of maintaining order and accountability in public service roles.
Bottom Line:
Absence from duty by a member of disciplined forces, such as police, without valid justification amounts to grievous act of misconduct and warrants dismissal from service - Regularization of absence period as leave without pay does not efface or erase the punishment imposed for unauthorized absence.
Statutory provision(s): Police Act, Disciplinary Procedures, Civil Procedure Code
State of Punjab v. Devinder Singh, (Punjab and Haryana) : Law Finder Doc id # 2842510
