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Supreme Court of India 2017-05-11 partly_allowed

Manoj Kumar vs State of U.P. and Ors

Bench: 2 — 2

In Brief

A Police Constable dismissed from service after 15 years for absence from duty for 11 hours and 36 minutes and alleged intoxication challenged the dismissal order. The State Public Services Tribunal and High Court upheld the dismissal, finding no procedural defects. The Supreme Court held the punishment grossly disproportionate. Considering the appellant's long service record, prior disciplinary history of only censures, and prolonged suspension with resulting hardship to him and his family, the Court set aside dismissal and substituted compulsory retirement, applying principles of proportionality and equity in service law."

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Administrative Law Service Law Misconduct and Dismissal Proportionality of Punishment Departmental Proceeding Police Service

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