VidhiSangh

Supreme Court of India · 15/03/2019

STATE OF UTTARAKHAND AND ORS. versus PREM RAM

[2019] 5 S.C.R. 495 · 2019 INSC 379

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Summary

The Supreme Court restored dismissal of a police constable for proved drunkenness and misbehaviour with the public. Medical evidence established intoxication, and the misconduct was serious in light of his police responsibilities. The High Court Division Bench lacked justification for substituting compulsory retirement on the basis of claimed satisfactory past service. The Single Judge’s dismissal of the constable’s writ petition was restored.

Issues

  1. Whether the High Court was justified in replacing dismissal with compulsory retirement.

Held

Result

State appeal allowed; Division Bench judgment set aside and Single Judge’s dismissal of the writ petition maintained, restoring the disciplinary dismissal. No costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 495.