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State of U.P. v. Ashok Kumar Singh

Supreme Court of India · 10 November 1995

Court
Supreme Court of India
Decided
10 November 1995
Case no.
C.A. No. 9997 of 1995
Bench
Venkataswami K. (J)
Length
3 pages
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PETITIONER:
STATE OF U.P. & OTHERS
Vs.
RESPONDENT:
ASHOK KUMAR SINGH & ANR.
DATE OF JUDGMENT10/11/1995
BENCH:
VENKATASWAMI K. (J)
BHARUCHA S.P. (J)
CITATION:
1996 AIR 736 1996 SCC (1) 302
1995 SCALE (6)465

ACT

HEADNOTE

JUDGMENT

JUDGMENTK. Venkataswami. J.

Delay condoned.

Leave granted.

Heard counsel on both sides.

This appeal by special leave is directed against the Order of the Allahabad High Court in W.P. No. 9547/90 dated 12.8.1991.

The first respondent was a police constable and he was removed from service pursuant to a duly conducted departmental enquiry by Order dated 6.5.1985. The first respondent challenged the order of removal before the U.P. Public Services Tribunal No.5, Lucknow Bench. The Tribunal by its detailed and considered order dated 29.6.1990 declined to interfere with the order of removal for reasons set out therein. Still aggrieved, the first respondent moved the Allahabad High Court under Article 226 of the Constitution of India by filing W.P. No. 9547 of 1990 challenging the order of removal as confirmed by the U.P. Public Services Tribunal.

Before the learned Judge, the order of removal was challenged mainly on the ground that the first respondent was not given a reasonable opportunity in the departmental enquiry. The learned Judge rejected the above contention by observing that ’the plea of reasonable opportunity is not open to the petitioner’ as the High Court was satisfied that full opportunity was given to the petitioner. Further the High Court concurred with all the findings of the Tribunal rendered on the charges levelled against the first respondent.

Strangely, the High Court interferred with the punishment of removal, while concurring with the findings rendered against the first respondent on the charges levelled against him, by observing as follows :-

"The Presiding Officer of the Tribunal

has passed a very detailed order in

which he enumerated the circumstances

under which the inquiry was conducted.

The enquiry officer found the petitioner

to have absented from duty on several

occasions, totalling 251 days during the

year 1981-82 while posted at police

station Ram Sanehi Ghat, 93 days in 1982

while posted at police station

Safdarjang and from 28.2.84 onwards on

being subsequently posted at police

station Ram Sanehi Ghat. The petitioner

has submitted before the Tribunal as

well as here that during all this long

period he had fallen ill and he sent

regular applications for grant to leave

along with the medical certifications

for grant to such proof was ever filed

by the petitioner before the Tribunal.

****************************************

In the present case the only charge

against the petitioner was that he

absented himself from duty for long

periods although it was his case that he

applied for grant of leave. Even if it

is assumed that the petitioner, against

whom there appears to be no charge of

misconduct of grave nature, is proved

his absence from duty would not amount

to such a grave charge for which the

extreme penalty of dismissal may be

imposed. In view of the fact that the

petitioner has offered not to claim

arrears of salary as well as he

assurance (sic) this Court that he would

discharge his duties faithfully and

sincerely this Court is of the view that

extreme penalty imposed against the

petitioner does not commensurate with

the gravity of the charge, hence this

writ petition deserves to succeed on

this point. However, it will be open for

the opposite parties to impose any minor

punishment against the petitioner.

In view of what has been indicated

hereinabove the writ petition succeeds.

The order of dismissal passed against

the petitioner contained in Annexure-3

is quashed. The opposite parties will

re-instate the petitioner on duty.

However, it will be open for the

opposite parties to impose any minor

punishment upon the petitioner

considering the charges. It is made

clear that the petitioner will be

entitled only to extent one fourth of

amount as back wages."

We are clearly of the opinion that the High Court has exceeded its jurisdiction in modifying the punishment while concurring with the findings of the Tribunal on facts. The High Court failed to bear in mind that the first respondent was a police constable and was serving in a disciplined force demanding strict adherence to the rules and procedures more than any other department. Having notices the fact that the first respondent has absented himself from duty without level on several occasions, we are unable to appreciate the High Court’s observation that ’his absence from duty would not amount to such a grave charge’. Even otherwise on the facts of this case, there was no justification for the High Court to interfere with the punishment holding that ’the punishment does not commensurate with the gravity of the charge’ especially when the High Court concurred with the findings of the Tribunal on facts. No case for interference with the punishment is made out.

For all these reasons, we set aside the impugned order of the High Court in W.P.No.9547/90 and restore the order of the u.p. Public Services Tribunal, The appeal is allowed. No order as to costs.

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