AIROnline 2025 SC 795

Supreme Court Of India

(From : Punjab And Haryana)

Hon'ble Judge(s): J. K. Maheshwari, Vijay Bishnoi , JJ

Police Act (5 of 1861) , S.12— Punjab Police Rules (1934) , R.16.2— Dismissal from service - Legality - Post of Constable - Constable was dismissed from service after charge of unauthorised absence for 37 days was proved in disciplinary inquiry - Reference in dismissal order to forfeiture of 17 yrs of service as a result of his absence from service on previous occasions was independent of misconduct for which enquiry officer had found him guilty - Finding of High Court that disciplinary authority should have taken into consideration his long service period, was unsustainable since he had served for less than 7 yrs as a Constable - Rule provided for dismissal for gravest act of misconduct, or, as cumulative effect of continued misconduct - Since dismissal was for gravest act of misconduct, consideration of length of service was not required - Order of dismissal was proper. R.S.A No. 3802 of 2004,D/-04-08-2010 (P and H)-ReversedAIR 1992 SC 2188-Relied on2010 AIR SCW 6089-Distinguished (Para 25 27 29 31 32 33) .....