Skipped duty 300 days in 12 years: Haryana cop sacked over ‘evil soul’ leave, HC upholds dismissal; says ‘tantrik treatment’ no excuse | Chandigarh News
CHANDIGARH: The Punjab and Haryana high court has upheld the dismissal of a Haryana Police constable who sought reinstatement after prolonged absence, citing “evil soul/black magic treatment by a tantrik” (exorcist) in his medical records.Justice Jagmohan Bansal, while dismissing the petition filed by Arshad, observed that a disciplined force like the police “cannot retain any indisciplined member”.The court noted that the cop remained absent from duty on 42 occasions for around 300 days out of his 12-year police job. “If the alleged offence was his first offence, this court could consider the principle of proportionality and ask the respondents to reconsider the quantum of punishment. However, as noted above, the petitioner was a habitual offender and was punished more than once,” the court observedArshad joined the Haryana Police as a constable on April 6, 2012. On Jan 12, 2023, he proceeded on one week’s leave. When he did not rejoin duty, he was placed under suspension via an order dated Sept 1, 2023.An inquiry officer was appointed, but Arshad did not participate, leading to an ex parte finding of guilt. He was dismissed from service on June 20, 2024, a decision upheld by the appellate authority. The authority, however, noticed that some of the medical documents produced by the cop belonged to treatment of “evil soul/black magic by a tantrik”.Challenging his dismissal, Arshad’s counsel argued that his absence was not “the gravest misconduct” warranting dismissal under Rule 16.2 of the Punjab Police Rules, 1934, applicable in Haryana. The counsel contended that courts have often ruled that absence from duty does not constitute the “gravest misconduct” for dismissal.
