High Court Sets Aside Dismissal of CRPF Constable, Orders Reinstatement with Benefits
In a significant judgment reinforcing fairness in disciplinary proceedings, the Punjab and Haryana High Court set aside the dismissal of a CRPF constable and ordered his reinstatement with full service benefits.
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Background of the Case
The constable, who had joined service in 2006, proceeded on sanctioned leave in May 2018 but failed to return on time due to a serious foot injury sustained in a road accident.
Medical records showed:
Prolonged treatment and hospitalization
Complications arising from a non-healing condition
Despite this, the authorities:
Declared him a “proclaimed deserter”
Stopped his salary
Conducted an ex parte inquiry
Dismissed him from service in April 2019
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High Court’s Observations
Justice Sandeep Moudgil made important observations:
✔ Absence is Not Always Misconduct
The Court held that mere absence from duty cannot be treated as misconduct unless it is deliberate.
✔ Violation of Natural Justice
The Court found the inquiry process flawed, stating that:
Simply sending notices does not ensure a fair opportunity of hearing
The ex parte inquiry became a “facade of fairness”
✔ Failure to Consider Medical Condition
Authorities failed to examine whether the constable was genuinely incapacitated due to injury rather than intentionally absent.
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Court’s Findings on Punishment
The High Court ruled that:
The punishment of dismissal was excessive and disproportionate
Authorities acted mechanically without proper application of mind
Disciplinary powers must be exercised fairly and reasonably
The Court emphasized that even members of disciplined forces are entitled to constitutional protections under Articles 14 and 21.
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Final Order
The High Court:
Set aside the dismissal order
Directed reinstatement of the constable
Granted continuity of service
Ordered payment of arrears with 6% interest
Directed compliance within six weeks
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Legal Significance
This judgment reinforces key principles:
✔ Fairness in Disciplinary Proceedings
Authorities must follow due process and provide real opportunity to defend.
✔ Proportionality of Punishment
Penalties must match the nature of misconduct.
✔ Protection of Employee Rights
Even in disciplined forces, constitutional safeguards remain applicable.
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Conclusion
The Punjab and Haryana High Court’s decision highlights that disciplinary action cannot override fairness and justice. By restoring the constable’s service and benefits, the Court reaffirmed that absence due to genuine medical reasons cannot be equated with misconduct.
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