"Treatment By 'Tantriks' Is Not A Valid Excuse For Prolonged Absence From Training As Constable": HP High Court

The Himachal Pradesh High Court has held that the 'treatment from Tantriks' could not be accepted as a valid or permissible ground to justify a trainee's prolonged absence from training as a constable.The Court further noted that the record clearly revealed no admissible medical evidence, and her conduct was incorrigible. Justice Ranjan Sharma remarked that: “Records reveal that the petitioner had taken a stand that she remained under-treatment from Tantriks cannot be accepted as a permissible ground, to obviate the petitioner charge of willful absence. In these circumstances, conduct of the petitioner being incorrigible definitely points towards the willful absence to be an act attributable to the petitioner solely.”In 2010, the petitioner was appointed as a Lady Constable in District Bilaspur. After appointment, she had to undergo the training as required under the applicable norms. However, the petitioner remained absent for 48 days, but she submitted medical certificates only for 13 of those days and continued to remain absent. Thereafter, she was served notices with a direction to resume training, which she did not comply. After her continued absence from service, she was suspended. A Regular Departmental Inquiry was initiated under the Punjab Police Rules and two charges of willful absence were framed.She was granted 15 days to respond, however, she still did not file any reply and was discharged from service. The appeal was filed after four years and was rejected by the Appellate court. The petitioner approached the High Court and sought quashing of her discharge order and the appellate order, on the ground that her absence was due to illness. The Court observed that the petitioner was absent on two occasions during training and failed to provide admissible medical evidence to justify most of the period of absence. Thus, her absence showed it was willful and incorrigible. Also, the Court further noted that the findings of the Inquiry report were never challenged in the writ petition. She also did not reply to the Show Cause Notice issued after the inquiry report. The Court remarked that “Punjab Police Rules were rightly and validly invoked… the absence being willful… the petitioner was incorrigible to be an efficient Police Officer, and “A constable who is found unlikely to prove an efficient police officer may be discharged…” Rejecting the petitioner's contentions, the Court stated that sympathy cannot nullify legally valid disciplinary action.Thus, the Court dismissed the petition. Case Name: Sapna Devi v/s State of H.P. and others Case No.: CWPOA No.5173 of 2019Date of Decision: 18.11.2025For the Petitioner: Mr. Onkar Jairath, Mr.Piyush Mehta, and M.A. Safee, AdvocateFor the Respondent: Mr.Navlesh Verma, Additional Advocate GeneralClick Here To Read/Download Order

"Treatment By 'Tantriks' Is Not A Valid Excuse For Prolonged Absence From Training As Constable": HP High Court

Mehak Aggarwal

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