Unauthorized Absence Cannot Amount To Automatic Cessation Of Service, Even If Delinquent Is A Probationer

Case: Shahnawaz Shah v High Court of JK and others

Coram: Justices Ali Mohammad Magrey and Puneet Gupta

Case No.: WP (C) no. 2043/2021

Court Observation: “In view of the legal position on the subject, the course adopted by the respondents in terminating the services of the petitioner under Rule 21-1-B of the CCA Rules of 1956 is uncalled for and declared to be bad in law…respondents have grossly erred in law in inflicting the punishment upon the petitioner on account of alleged five days (05) unauthorized absence as the allegation is not so grave to attract the major punishment of the kind adopted by the respondents…The gravity of the charge determines the severity of the punishment but in the instant case that principle also has not been followed. The proportionality refers to regulating the exercise of fundamental rights, the appropriate or least restrictive choice of measures as the case may demand.”

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