Government officials can be reinstated into government if their dismissal from job is not justified as per law and challenged before competent court of law.
Here in this case High Court found that the dismissal of Police Officer (SHO) was disproportionate to gravity of misconduct of official as a punishment seeing his term in the force .
Brief facts of the case:
1 Petitioner was a SHO in Hathin, Palwal Haryana who had come to Chandigarh on October 6, 2014 for court case hearing.
2 The communal tension took place in Hathin on 6-7 October 2014 where petitioner was returning from Chandigarh and due to fatigue he slept. He still later joined duty around 2 am on 7th Oct and took charge of investigation.
3 Petitioner was Chargesheeted for this Act, enquiry was conducted and then dismissed from service. The appeal before DSP also got dismissed and now case was filed before Punjab and Haryana High Court at Chandigarh.
4 The court found the punishment of dismissal of petitioner disproportionate to the service offered by him. Thus set aside the dismissal and reinstated him back with all consequential benefits.
6 The conduct afterwards was satisfactory as the officer conducted raids of the suspects and completed their investigation.
7 The sole reason of not joining duty on time was restlessness and tiredness which lead the Officer slept on duty and switched off his phone. And that’s why he was chargesheeted and dismissed from service for defiance of orders on duty.
The hon’ble High Court Chandigarh found the punishment of dismissal too harsh in lieu of the conduct of official afterwards and thus ordered reinstatement with all consequential benefits.
The job of policeman is a difficult one and not all let to get the comforts of life in service. The odd hours of duty is one such.
The court was reluctant to understand it and took a sympathetic view of the situation and thus gave a well reasoned order.
At times, government officials face wrath of seniors for defiance which leads to punishment like these.
The remedy before individual is to approach hon’ble high court and get justice. One can approach any of the best/top/service lawyers in Chandigarh Panchkula Mohali Punjab and Haryana for the issue of reinstatement in Service and seek expert legal advice and may be a free one, it all depends.
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