Case Note & Summary
The case involved an intra-court appeal filed by the Director General of Police against a writ order that reinstated a police constable, G.Aravindhan, who had been removed from service for desertion. The respondent was appointed as a Grade-II Police Constable on 18.02.2013, and disciplinary proceedings were initiated against him under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, due to his unauthorized absence for over 21 days. The respondent claimed that he was unable to report his absence due to his mother's accident. The respondent's counsel argued for leniency, citing compelling circumstances and previous court decisions favoring reinstatement in similar cases. Conversely, the appellants contended that the respondent was a habitual deserter, having been declared a deserter on four occasions, and that the punishment of removal was justified. The court analyzed the submissions and noted that the respondent had a history of misconduct, including multiple instances of desertion, which warranted strict disciplinary action. The court emphasized the importance of maintaining discipline within the police force and ruled that leniency would set a bad precedent. Ultimately, the court set aside the writ order and allowed the appeal, reinforcing the decision to remove the respondent from service due to his repeated misconduct.
Headnote
A) Administrative Law - Disciplinary Proceedings - Desertion - Removal from Service - Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, Rule 3(b) - The respondent was removed from service for desertion after multiple instances of unauthorized absence. The court held that leniency was not warranted due to the habitual nature of the respondent's misconduct, emphasizing the need for discipline within the police force (Paras 1-11).
Issue of Consideration
Whether leniency in punishment for desertion by a police constable is warranted given his history of misconduct.
Final Decision
The court set aside the writ order dated 03.02.2023 and allowed the writ appeal, confirming the removal of the respondent from service due to habitual desertion.
Law Points
- Disciplinary proceedings
- desertion
- leniency in punishment
- judicial review
- police discipline
