Supreme Court of India · 2015-09-30
Rajinder Kumar vs State Of Haryana & Anr
- Citation / case number
- AIR 2015 SUPREME COURT 3780
- Court
- Supreme Court of India
- Petitioner
- Rajinder Kumar
- Respondent
- State Of Haryana & Anr
- Bench
- Kurian Joseph, T. S. Thakur
Judgment text excerpt
The Supreme Court held that the dismissal of the appellant, a constable, for unauthorized absence under the principles of service law was excessive given his long service of approximately fifteen years and the nature of the misconduct. The Court emphasized that the disciplinary authority failed to consider the appellant's medical condition and the principle of proportionality in punishment. The Court set aside the dismissal order and directed the disciplinary authority to reconsider the punishment, ensuring that the appellant's right to pension is also addressed, thus remanding the matter for fresh consideration.