Past Misconduct Can Add Weight To Dismissal, Even If Not Mentioned In Show Cause Notice : Supreme Court

The Supreme Court recently set aside the reinstatement of the ex-Punjab Armed Forces Constable for his repeated unauthorized absence from the service, stating that past records of indiscipline though not specifically referred to in the show cause notice, cannot save the delinquent officer from dismissal as the same can be used to adding the weight to the decision of imposing the punishment.

A bench of Justices J.K. Maheshwari and Vijay Bishnoi set aside the Punjab & Haryana High Court's order directing the reinstatement of a constable, holding that the High Court erred in treating the disciplinary authority's reliance on his past conduct, though not mentioned in the show cause notice, as a violation of natural justice.

The respondent was appointed in 1989 and later transferred to the Punjab Commando Force. His service record revealed a pattern of unauthorized absence, totalling over 300 days within a short span, including periods of 68 days, 180 days, and 20 days.

The final incident leading to his dismissal occurred in 1994 when he remained absent for 37 days without permission after being granted only one day of leave. After a departmental enquiry found him guilty, the disciplinary authority dismissed him from service. In its order, the authority mentioned the current 37-day absence and also referenced his past record of indiscipline.

The Respondent contended that his dismissal based on his past record of indiscipline cannot form a ground of dismissal as the same didn't form part of the show cause notice. Rejecting this contention, the judgment authored by Justice Bishnoi observed:

“The consideration of the past misconduct of the respondent was not the effective reason for dismissing him from the service. The disciplinary authority had mentioned the past misconduct of the respondent only for adding the weight to the decision of imposing the punishment.”

“As observed, in the present case, the absence of the respondent from the duty on various occasions in a short tenure of service of around 7 years, is a gross indiscipline on the part of the respondent and therefore, we do not find any illegality in the order passed by the disciplinary authority whereby the services of the respondent have been dismissed.”, the court added.

“As such, it is concluded that the dismissal of the respondent was based on gravest act of misconduct, for which he was dealt with by the disciplinary authority following the procedure as prescribed and in due observance of principles of natural justice, hence, we do not find any fault in the same. Accordingly, the present appeal stands allowed setting aside the judgment of the High Court. In consequence, suit filed by the respondent/plaintiff stands dismissed.”, the court held.

Accordingly, the appeal was allowed.

Cause Title: STATE OF PUNJAB AND OTHERS VERSUS EX. C. SATPAL SINGH

Citation : 2025 LiveLaw (SC) 857

Click here to read/download the judgment

Appearance:

For Appellant(s) : Mr. Talha Abdul Rehman, D.A.G. Ms. Nupur Kumar, AOR Mr. Sudhanshu Tewar, Adv. Mr. Faizan Ahmed, Adv.

For Respondent(s) : Mr. Varun Punia, AOR Mr. Jetendra Singh, Adv. Mr. Vijendra Kumar Kaushik, Adv. Ms. Deepti Singh, Adv. Mr. Ashutosh, Adv. Ms. Manju Jetley, AOR