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.