The Patna Bench dismissed a writ petition filed by a constable of the Bihar Military Police challenging his dismissal for habitual absence and absconding. The Court held that the petitioner’s conduct was inexcusable and no mercy could be shown to maintain discipline in the force.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15805 of 2012
====================================================== 1. Ramesh Kumar Thakur, Resident of Village - Bhaluahi, P.S. Basopatti, District Madhubani .... .... Petitioner/s Versus 1. The State of Bihar through Secretary, Government of Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The Deputy Inspector General of Police, Bihar Military Police, B.M.P. 5, Phulwarisharif, Patna – 14. 4. The Commandant, B.M.P.5, Phulwarisharif, Patna 14. 5. The Deputy Superintendent of B.M.P.5, Phulwarisharif, Patna - 14 .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Dudh Nath Singh For the Respondent/s : Mr. Dinbandhu Singh GP9 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
6 10-01-2014 Heard counsel for the petitioner and counsel for the State. Petitioner has approached the High Court because he has been dismissed from service from the post of a constable for being consistently and persistently missing from service without any leave or permission as also being an absconder on many an occasions. The authorities have passed the order in question, which is Annexure-1. Even the order in appeal, contained in Annexure-2, upholds the decision of the disciplinary authority.
Petitioner was appointed as a constable in Bihar Military Police in the year 1996. Between the period 1996 till the order of dismissal came to be passed on 1.2.2012, petitioner has been
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absent for 802 days and an absconder also for 824 days i.e. 4 ½ years out of 13 years of service. This fact not only emerges from the counter affidavit but on production of the service record of the petitioner, which was directed to be produced by the Court to verify from the original record whether the stand taken by the respondents in the counter affidavit is not a case of over-statement or overplaying the facts with regard to the conduct of the petitioner.
The service record has been perused. The service record indicates that the petitioner has been going missing even at the time of training. He has been persistent and consistent in this kind of conduct and behaviour right till the time the authorities decided to do away with his service.
Obviously, what has been stated in the counter affidavit with regard to the petitioner being a habitual absconder as well as over-staying without leave is a conduct which is not condonable and pardonable especially when petitioner belongs to a disciplined force i.e. Bihar Military Police.
Learned counsel representing the petitioner submits that the details of absconding period of the petitioner and overstays have not been talked about in the chargesheet. The chargesheet and the order of dismissal was limited to certain periods for which he has
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a valid explanation.
The Court can very well appreciate the reason why respondent authorities did not choose to give the entire history of the petitioner in the chargesheet. One of the primary reasons is that they have condoned his conduct hoping against hope that petitioner would reform himself and would become a disciplined constable of Bihar Military Police. But when such large heartedness was shown by the respondents such misdemeanour has been taken as a matter of right by the petitioner as well as a licence to continue with his waywardness and show utter disregard to the discipline which is expected from a member of the disciplined force.
The hyper-technicalities which the petitioner is looking for cannot be made available in the present set of facts. A person like the petitioner with continued kind of deliberate misconduct which led to his dismissal, is not required to be condoned and such persons are not required to be kept in the system, lest this would become an example for others to support misbehaving and conducting themselves in the similar manner, spoiling the discipline of the force.
In the opinion of this Court, no mercy is required to be shown by interfering with the order of punishment. If the
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petitioner does not have time to serve the organization and has more pressing commitment either to his family or to society at large, let him shoulder other responsibility bereft of the additional responsibility of working as a constable in Bihar Military Police.
Writ has no merit. It is dismissed.
The original service record is returned to the counsel, who will advise the authorities to keep the same in safe custody lest it is required to be re-looked into at later stage, as it is vital piece of evidence.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
3 issues framed by the court
Whether the High Court should interfere with the order of dismissal of a constable from the Bihar Military Police for habitual absence and being an absconder.
Whether the petitioner deserves condonation for deliberate misconduct leading to dismissal from a disciplined force.
Whether the dismissal of the petitioner maintaining the discipline of the force justifies refusing relief in the writ petition.
Ramesh Kumar Thakur
The State of Bihar through Secretary, Government of Bihar
The Director General of Police, Bihar
The Deputy Inspector General of Police, Bihar Military Police
The Commandant, B.M.P.5
The Deputy Superintendent of B.M.P.5
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
