Tanveer Hussain Vs IGP Police

There is sufficient evidence against the appellant on the file of this case which proved his guilt but on the other hand under the circumstances the penalty of dismissal from service was imposed upon the appellant. due to absence from duty for a period of 69 days which does not commensurate with the gravity of guilt attributed which is also in derogation to the Standing Order No.12 of 2018 of the IGP which depicts that punishment of dismissal from service can only be inflicted if the absence period of a civil servant (police official) is beyond three months. Although appellant has failed to bring on record any personal grudge/ill-will of the departmental authorities. But at the same time I may observe here that penalty of dismissal from service inflicted upon the appellant is too harsh.


6. Under the circumstances, taking into consideration his service record and length of service, this appeal is Partly allowed, impugned orders dated 30.09.2019 & 31.01.2020 are modified and punishment of dismissal from service is converted into forfeiture of two years approved service. The intervening period shall be treated as leave without pay as there is nothing on record to establish that appellant during such period was not employed gainfully, the principle of no work no pay was rightly applied for the period he remained out of service.