TaxTMI 
TaxTMI 
2008 (5) TMI 601
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....Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct. 3. The relevant facts emerging from the record of the case are as under. In the year 1967 the respondent was appointed as police constable by the Home Department, Government of Meghalaya. During the course of time he was promoted to the post of Sub-Inspector of police and posted as Armed Branch Sub-Inspector, 2nd Meghalaya Police Battalion at Goeragre. On May 5, 1995 he was directed to go to Shillong along with BNC Clyforth Sangma to disburse the pay for the month of April 1995 to the Bn personnel posted at Shillong. One 0.38 bore revolver bearing Number 787735 and 12 rounds of 0.38 ammunition were....
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....n. At the bus station he did not see the constables who were supposed to travel with him. Presuming that they must have proceeded in another bus, the respondent boarded the MTC bus No.ML-03-0099 bound for Tura. He was seated in Seat No.22. There was a passenger in the seat next to him on Seat No.21. At Jorabat the bus stopped where the respondent took dinner. After the bus resumed its onward journey for Tura, his co-passenger in Seat No.21 started chatting with him. The co-passenger took out a packet of biscuit and offered biscuits to the respondent. The respondent accepted the biscuits and after eating the biscuit he dosed off. When he woke up, the bus had reached somewhere near Anogri. He made enquiry about his belongings and found that h....
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.... the respondent was served with statement of charges and called upon to offer his explanation. He offered his explanation which was not found to be satisfactory by the competent authority. The competent authority thereafter appointed Inquiry Officer to conduct departmental inquiry against the appellant. 7. During the course of departmental enquiry several witnesses were examined in respect of the charges leveled against the respondent. The respondent had also examined his witnesses. At the conclusion of the departmental enquiry the enquiry officer submitted report to the competent authority stating that the charges framed against the respondent were duly proved. On careful consideration of the report as well as records, the competent aut....
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....ts offered by co-passenger was a mitigating circumstance and, therefore, the punishment of removal from service imposed on him was not commensurate with the gravity of the proven misconduct. In view of the said conclusion the Division Bench has set aside the order removing the respondent from service and remitted the matter to the appellate authority, namely, the Inspector General of Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent, by the impugned judgment, giving rise to the instant appeal. 8. This Court has heard the learned counsel for the parties at length and in great detail. This Court has also considered the documents for....
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.... by the vehicle of the department along with other police personnel but the respondent disobeyed the instructions and traveled to Bn headquarters in a bus wherein not only he lost cash of Rs.17,314/- but also his service revolver with 12 rounds of ammunition. Under the circumstances the question arises whether the Division Bench of the High Court was justified in setting aside the order of removal of the respondent from service and remitting the matter to the appellate authority, namely, the Inspector General of Police to consider the question of imposition of appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent. A court or a tribunal while dealing with the quantum o....
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....employee holds the position of trust where honesty and integrity are in-built requirements of functioning, it would not be proper to deal with the matter leniently. Misconduct, in such cases has to be dealt with iron hands. The respondent belonged to a disciplined force. He was supposed to carry out instructions given to him by his superior. Not only he flouted the instructions but conducted himself in such a manner that he caused loss of part of pay to be deposited with the exchequer and loss of service revolver with ammunition which could be misused. When a statute gives discretion to the administrator to take a decision, the scope of judicial review would remain limited. The proved charges clearly established that the respondent, who was....