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Supreme Court of India 2020-01-10 allowed

THE STATE OF ODISHA vs SRI GANESH CHANDRA SAHOO

Bench: 2 — D.Y. Chandrachud, Hrishikesh Roy

In Brief

A police orderly was discharged after remaining absent from duty for seven years following cerebral malaria and psychiatric illness. He produced a medical certificate from a psychiatrist (dated 1998) claiming mental incapacity during 1991–1998, but never submitted contemporaneous treatment records or appeared for official medical examination as repeatedly directed. The High Court substituted discharge with compulsory retirement. The Supreme Court reversed this, holding that without contemporaneous medical records and official verification, the certificate was self-serving and could not justify the extreme penalty reduction. The respondent's seven-year absence and defiance of medical examination directives did not constitute exceptional circumstances warranting judicial interference with the disciplinary decision.

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Administrative Law Civil Service Disciplinary Action Service Law Grounds for Discharge Medical Evidence Rule of Proportionality

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