Full Judgment Text
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PETITIONER:
SHRI MEHNGA SINGH, EX-SUB INSPECTOR
Vs.
RESPONDENT:
INSPECTOR GENERAL OF POLICE, PAP,JALANDHAR CANTT. & ORS.
DATE OF JUDGMENT01/09/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC (5) 682 JT 1995 (6) 546
1995 SCALE (5)215
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Notice was issued on March 15, 1991 confinedto the
question of punishment.
Leave granted. Heard learned counsel on both sides.
The appellant had unblemish record of service all
through till 1989. Pursuant to the promotion given to him
as Inspector, he was to deposit the service revolver and six
live cartridges. It is his case that he had to share a room
with two other colleagues as a consequence of which the
revolver and six cartridges were lost and unaccounted for.
Therefore, exclusive liability may not be appropriate.
There is an element of possibility in the contention.
In view of the previous unblemish record of service and the
plausible explanation offered by the appellant, we are of
the opinion that the extreme punishment of dismissal from
service may not be warranted. Accordingly, we direct the
respondents to modify the punishment of dismissal as one of
compulsory retirement so that the appellant would be
entitled to retiral benefits.
The appeal is according allowed. There shall be a
direction to the respondents to issue appropriate orders as
directed above. Consequently, the appellant would be
entitled to all the terminal benefits which must be computed
and paid within six months from the date of receipt of this
order. His pension is also directed to be released within
the above period. No costs.