Jodhpur: <\/strong>The Rajasthan High Court has quashed the termination of a police constable who was dismissed from service in 1996 for repeated absence from duty, holding that the department failed to prove that his absence was willful or deliberate.<\/p>\n\n\n\n A Division Bench of The Chief Justice, Justice Sanjay K. Agrawal and Justice Vinit Kumar Mathur allowed the special appeal filed by the constable\u2019s widow, Heera Mani, and set aside both the termination order and the earlier order of the Single Judge.<\/p>\n\n\n\n The Court found that the constable had been suffering from prolonged tuberculosis, and the evidence on record showed that his absence was caused by his illness rather than a deliberate decision to stay away from duty.<\/p>\n\n\n\n The High Court relied on Supreme Court rulings to reiterate that merely remaining absent without permission does not automatically amount to willful misconduct.<\/p>\n\n\n\n Where absence is caused by compelling circumstances such as illness, the department must establish that the employee deliberately stayed away from duty.<\/p>\n\n\n\n The Court also noted that the inquiry report was not supplied to the constable before the disciplinary authority terminated his service. Which does amount to violation of Natural Justice.<\/p>\n\n\n\n The Division Bench accordingly set aside termination order as well as the Single Judge\u2019s order.<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" Court sets aside termination of deceased constable, holds prolonged absence due to tuberculosis was not willful; inquiry report was also never supplied; violation of Natural Justice. Jodhpur: The Rajasthan High Court has quashed the termination of a police constable who was dismissed from service in 1996 for repeated absence from duty, holding that the department … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9752,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[29,69],"tags":[3333,2476,972,48,3102,3334,3335,659,43,150,3338,3336,2449,2577],"class_list":["post-9776","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-stories","category-rajasthan-high-court","tag-constable-termination","tag-disciplinary-proceedings","tag-jodhpur","tag-legal-news","tag-police-constable","tag-police-service","tag-prolonged-illness","tag-rajasthan-hc","tag-rajasthan-high-court","tag-rajasthan-legal-news","tag-termination-order","tag-tuberculosis","tag-unauthorised-absence","tag-wilful-absence"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9776","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9776"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9776\/revisions"}],"predecessor-version":[{"id":9777,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9776\/revisions\/9777"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9752"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9776"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9776"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9776"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Unauthorised absence does not always mean willful absence<\/h4>\n\n\n\n
Non-supply of inquiry report violated natural justice<\/h4>\n\n\n\n