This case concerned a respondent who instituted a suit for declaration and mandatory injunction praying that the order passed by the disciplinary authority, appellate authority and revisional authority be declared null, void and illegal; and mandatory injunction be issued for his reinstatement with continuity of service along with back wages with interest @ 12% per annum. The suit was dismissed, first appeal was dismissed, the second appeal was allowed but the relief of back wages was denied to the respondent by the High Court since he had filed an affidavit in the department whereby he had forgone the relief of back wages.

The Supreme Court in appeal observed that absence of the respondent from duty on various occasions in a short tenure of service of around 7 years was a gross indiscipline and thus there was no illegality in the order passed by the disciplinary authority dismissing him from service.

The Supreme Court held –
“The disciplinary authority, while imposing the penalty, had merely referred the past conduct and also given weight to the gravest act of misconduct. The order of dismissal is not based on the charge of “cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service”… As such, it is concluded that the dismissal of the respondent was based on gravest act of misconduct, for which he was dealt with by the disciplinary authority following the procedure as prescribed and in due observance of principles of natural justice, hence, we do not find any fault in the same.”

The appeals were allowed setting aside the high court judgment.