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may 2008

Supreme Court of India · 2008-05-12

State Of Punjab & Ors vs Avtar Singh (Dead) By Lrs

Court
Supreme Court of India
Petitioner
State Of Punjab & Ors
Respondent
Avtar Singh (Dead) By Lrs
Author
Dalveer Bhandari
Bench
Dalveer Bhandari, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the dismissal of a police constable under Rule 12.21 of the Punjab Police Rules, 1934, for absence without permission constitutes a serious act of misconduct. The Court emphasized that while the rule allows for discharge within three years of enrolment, due process and the principles of natural justice must be adhered to, particularly when the dismissal carries a stigma. The Court overturned the High Court's decision, reinstating the dismissal on the grounds that the respondent's absence was culpable and the dismissal was justified under the rules.

State Of Punjab & Ors vs Avtar Singh (Dead) By Lrs · Niyam