12/09/2025
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-calls-dismissal-of-constable-having-long-service-for-nap-on-duty-as-excessive-civil-death-303624
Justice Cannot Be Blind To Context
Justice Moudgil opined that Justice in the constitutional sense cannot blind to context.
The judge pointed that the petitioner was, at the relevant time, under the strain of his mother's grave illness, a fact supported by medical records.
"He was not absent from station, nor was the Magazine Station left unguarded, no allegation of intoxication has been established against the petitioner. Against this factual backdrop, the punishment of dismissal imposed upon the petitioner is shockingly disproportionate to the proved misconduct," the Court said.
Holding that the the quantum of "penalty is excessive, unreasonable, and unsustainable in law," the Court set aside the dismissal order.
Title: SUNIL MOHITE v. UNION OF INDIA AND OTHERS
The Punjab and Haryana High Court has observed that the dismissal of a police constable—who had over fifteen years of service—for sleeping during duty timing for two hours, an excessive punishment,...
