Vinod Kumar, Ex. Constable vs The Commissioner Of Police And Ors on 28 February, 2012
5. The counsel for the applicant vehemently submitted that the
applicant had 21 years of un-blemished qualifying service before the
departmental enquiry was started for unauthorised absence and that in
view of the said fact the imposition of penalty of dismissal is grossly
disproportionate. The counsel for the respondents submitted that the
applicant is habitual in being absent and his unauthorised absence
was wilful as well and the respondents police force require utmost
discipline as such the imposition of penalty is not disproportionate.
The counsel for the applicant has relied upon a judgment of the
Hon'ble High Court of Delhi dated 13.08.2015 in the case of Vinod
Kumar Vs. The Commissioner of Police & Ors (W P (C) 1354/2015)
in support of his case. But however, the judgment of the Hon'ble High
Court is based on the facts in that particular case.