P&H High Court Upholds Dismissal Of Cop Who Missed Duty To Visit 'Tantrik', Says Armed Forces Can't Retain Indisciplined Member

The Punjab and Haryana High Court has upheld the dismissal of a police officer who absented himself for more than 300 days from duty, without leave to visit a tantrik (exorcist) for treatment of black magic.

The officer produced certain medical records to justify his absence; however, some of the documents pertained to treatment for black magic by a tantrik (exorcist).

Justice Jagmohan Bansal said, "The petitioner was concededly part of disciplined force and was bound to strictly follow the rules and regulations. Armed Forces cannot retain any indisciplined member. It is not case of the petitioner that he, for the first time, committed alleged offence and was subjected to harsh punishment."

The Court further clarified that Had the alleged offence been his first offence, it could consider principle of proportionality and ask the respondents to reconsider quantum of punishment, however, the petitioner was a habitual offender and was punished more than once.

These observations were made while hearing a plea filed by Arshad, joined Haryana Police Force as Constable in 2012. In 2023, he proceeded on one week leave. He did not join duty after completion of leave period. He was placed under suspension vide order dated 01.09.2023. The respondent appointed Inquiry Officer, however, Arshad opted not to join the proceedings and the Inquiry Officer proceeded ex parte and was found guilty.

The Disciplinary Authority issued a show cause notice in January 2024. In the show cause notice, it was pointed out that he has remained absent from the duty on more than 40 occasions and was subjected to major and minor punishments.

He filed reply to show cause notice and  came to be dismissed in 2024 by the Disciplinary Authority. He unsuccessfully preferred appeal before the Appellate Authority and further unsuccessfully preferred revision.

After hearing the submissions, the Court noted that the petitioner concededly remained absent from duty for more than 300 days which compelled the authorities to pass order of dismissal from service.

"The Disciplinary Authority as well as Appellate Authority has considered past conduct of the petitioner. The Disciplinary Authority in the show cause notice itself has underscored past conduct of petitioner," it added.

Justice Bansal highlighted that it was noticed that he remained absent on 42 occasions during his short service of 12 years and the Appellate as well as Revisionary Authority also considered past conduct of the petitioner.

"It was noticed that he was awarded four major punishments and his 19 increments with permanent effect were forfeited during short span of 12 years service," the Court pointed.

Reliance was placed on Ex Sepoy Madan Prasad v. Union of India and Others, wherein the Apex Court, while dismissing an appeal filed by a Mechanical Transport Driver enrolled in the Army Service who had been dismissed for overstaying his sanctioned leave repeatedly, held that such gross indiscipline by a member of the Armed Forces is unacceptable.

In the light of the above, the plea was dismissed.

Mr. Mohammad Arshad, Advocate for the petitioner

Mr. Shashank Bhandari, Addl. A.G. Haryana

Citation: 2025 LiveLaw (PH) 302

Title: Arshad v. State of Haryana and Ors.

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