The country’s top court has ruled that a tainted service record can still influence dismissal decisions—even if it isn’t spelled out in a show cause notice.
The judgment came in a case involving a former Punjab Armed Forces constable who had repeatedly gone missing from duty. His service history showed a troubling pattern: more than 300 days of unauthorized absence in just a few years, including long stretches of 68, 180, and 20 days. The final straw came in 1994, when he took a single day of approved leave but stayed away for 37 days without permission.
A departmental enquiry found him guilty, and he was dismissed. The dismissal order noted both his most recent misconduct and his prior record of indiscipline. However, the Punjab & Haryana High Court reinstated him, reasoning that relying on past lapses without mentioning them in the show cause notice was unfair.
The Supreme Court thought otherwise. A bench led by Justices J.K. Maheshwari and Vijay Bishnoi clarified that past misconduct need not be the primary ground for dismissal but can certainly “add weight” to the punishment. The court noted that his chronic absenteeism over a short seven-year service span amounted to “gross indiscipline” and justified dismissal.
Rejecting the claim of procedural unfairness, the bench said the disciplinary authority had followed proper procedure and respected principles of natural justice. The High Court’s decision was overturned, and the constable’s dismissal was upheld.
