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Issues involved: Dismissal of a Gunman from service due to misconduct, challenge to the dismissal order on grounds of natural justice and interpretation of Rule 16.2(1) of Punjab Police Manual 1934.
Summary: The respondent, a Gunman, was dismissed from service for being heavily drunk while on duty and roaming with a service revolver. The dismissal was challenged in court, alleging violation of natural justice and misinterpretation of Rule 16.2(1) of the Rules. The trial court and the appellate court found in favor of the respondent, citing lack of reasonable opportunity and misapplication of the rule. However, the High Court upheld the decision based on the gravity of the misconduct and the respondent's service record. The respondent's counsel argued that alcohol consumption alone does not constitute grave misconduct, especially considering the respondent's long unblemished service record. The definition of misconduct was extensively discussed, emphasizing wrongful intention and the impact on discipline in a disciplined service like the police force. The judgment analyzed Rule 16.2(1) in detail, distinguishing between gravest acts of misconduct and continued misconduct leading to incorrigibility. It was clarified that a single act of grave misconduct, such as heavy drinking while on duty with a service revolver, could warrant dismissal from service, even without prior instances of misconduct. Precedents were cited to support the decision, emphasizing the importance of maintaining discipline in the police service. Ultimately, the appeal was allowed, the dismissal order was upheld, and each party was directed to bear their own costs. In conclusion, the judgment reaffirmed the importance of upholding discipline in the police service and clarified the interpretation of misconduct under Rule 16.2(1) of the Punjab Police Manual 1934.
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