VidhiSangh

Supreme Court of India · 10/01/2020

STATE OF ODISHA & ORS. versus GANESH CHANDRA SAHOO

[2020] 4 S.C.R. 755 · 2020 INSC 29

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Summary

The Court restored the discharge of a police battalion orderly whose prolonged unauthorised absence was sought to be justified by a later psychiatric certificate unsupported by contemporaneous treatment records. The High Court had wrongly substituted compulsory retirement despite a procedurally fair disciplinary inquiry and repeated refusal to undergo official medical verification.

Issues

  1. Whether the High Court was justified in substituting compulsory retirement for discharge.
  2. Whether the absence was an exceptional case under Rule 72 of the Orissa Service Code.

Provisions considered

Held

Result

State’s appeal allowed without costs. The High Court judgment substituting compulsory retirement for discharge was set aside, leaving the disciplinary discharge and the Tribunal’s rejection of the employee’s challenge in place.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 755.