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september 2015

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.

Rajinder Kumar vs State Of Haryana & Anr · Niyam