Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court

The Himachal Pradesh High Court set aside the dismissal of an Indo-Tibetan Border Police (ITBP) constable who had been terminated for alleged absence from duty, finding the punishment to be disproportionate and unjustified in the circumstances. The constable had taken medical treatment for illness and there was dispute as to whether proper procedure was followed before imposing the most severe penalty. The Court held that service jurisprudence demands consideration of mitigating factors such as medical records, conduct history, procedural compliance in disciplinary proceedings, and whether lesser penalties would adequately meet disciplinary aims. The judgment reiterates that dismissal must not be mechanical and must reflect fairness, proportionality and due process; where evidence shows valid medical treatment or infirmity, courts have often restored service or ordered re-instatement with back wages and consequential benefits depending on facts.