K. P. Nagarajan v. Director General of Police & Others
2008-06-20
M.SATHYANARAYANAN, P.K.MISRA
body2008
DigiLaw.ai
Judgment :- P.K. Misra, J. Learned counsel for the petitioner is absent. In normal course, we could have dismissed the writ petition for default. However, on going through the materials on record, we find that the basic prayer made by the petitioner relating to the disproportionate nature of punishment could be considered. 2. The petitioner was dismissed from service on the ground of unauthorized absence for a long period. In the Original Application filed by the petitioner, one of the main contentions raised was relating to punishment. It was contended that since the petitioner had worked in the department for about 16 years without any previous blemish, the order of punishment of dismissal was disproportionate and, at any rate, the punishment of compulsory retirement could have been imposed and with that the petitioner and his family members could have atleast received the pensionary benefits. However, the Tribunal rejected such contention by observing that since the petitioner was absent for a long period, it cannot be said that the dismissal was disproportionate. 3. The learned Government Advocate appearing for the State has supported the reasoning given by the Tribunal. 4. Having gone through the materials on record and having heard the learned counsel for the respondents, we feel that in the peculiar facts and circumstances of the case, the order of dismissal is required to be modified to the one of compulsory retirement. In normal course, we would have remanded the matter to the departmental authority for fresh consideration. However, keeping in view the fact that the incident related to the year 1992 and about 15 years have elapsed in the meantime, we feel that in order to bring the litigation to an end, the matter should be finalized by the High Court. 5. Accordingly, while upholding the findings in the departmental proceedings, we modify the punishment from dismissal to the one of compulsory retirement. It shall be deemed that the petitioner had been compulsorily retired with effect from 29. 1994. 6. The writ petition is disposed of subject to the above modification relating to the punishment. The service benefits may be disbursed to the petitioner in accordance with the rules as expeditiously as possible. No costs.