HC softens cancer-sticken Haryana constable's dismissal to compulsory retirement
Orders release of pension to kin | 'Absentee' cop died of cancer
After nearly 27 years in uniform, a constable who died battling cancer has posthumously secured dignity in service, and financial security for his family. The Punjab and Haryana High Court has converted his dismissal into compulsory retirement before ordering the release of pensionary benefits.
Allowing the plea by his widow, Justice Jagmohan Bansal ruled that the punishment of dismissal for 212 days’ absence was disproportionate, particularly in the backdrop of illness and family distress.
The court held: “It is a settled proposition of law that punishment should be commensurate to alleged offence,” adding that punishment disproportionate to the alleged offence was violative of Article 14 of the Constitution.
The constable joined the police force on August 31, 1992, and was never promoted. In 2018, a departmental inquiry was initiated against him for remaining absent for 212 days. He was dismissed on December 3, 2018.
In the show-cause notice proposing punishment, there was no reference to his past record. Yet, while passing the dismissal order, the disciplinary authority observed that he was a “habitual absentee”. His counsel pointed out that the constable brought to the notice of the authorities that his wife was suffering from mental illness.
The court noted that during the pendency of revision proceedings the constable was diagnosed with cancer and passed away. He was less than 55 years at the time of his death. His son is also mentally challenged.
“To cut short the litigation and considering the alleged misconduct, this court deems it appropriate to modify the punishment of dismissal from service to compulsory retirement,” the court ordered. The constable will now be deemed to have been compulsorily retired with effect from December 3, 2018 — the date of his dismissal. His widow has been held entitled to pension with effect from March 1, along with gratuity and leave encashment, if any. She will not receive salary or pension for the past period.
The court directed the authorities to release gratuity, leave encashment and pension within three months.
