Tantrik treatment no excuse for skipping duty, says HP High Court
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Shimla, Dec 14,
The Himachal Pradesh High Court has ruled that “Tantrik treatment” cannot be accepted as a valid medical ground for remaining absent from duty by a government servant, reiterating that service discipline must be governed strictly by established rules and legally recognised procedures.
Dismissing a writ petition filed by a woman constable, Justice Ranjan Sharma, in a detailed 34-page judgment, upheld her discharge from service, holding that her absence was wilful, deliberate and conclusively established from official records.
The petitioner had been appointed as a Lady Constable in the 5th India Reserve Battalion (Mahila), Bassi, in Bilaspur district in 2010 and was required to undergo mandatory training. Court records show that she initially remained absent for 48 days on the ground of illness before reporting for training at the 2nd India Reserve Battalion at Sakoh in Kangra district. After availing four days of casual leave, including station leave, she again failed to rejoin duties.
Despite being served notices dated April 24 and May 6, 2010—received by her on May 10—directing her to resume duty, the constable continued to remain absent for another 39 days. On the basis of a report submitted by the Commandant, a regular departmental inquiry was initiated against her under Rule 16.24 of the Punjab Police Rules, as applicable in Himachal Pradesh.
During the inquiry, two charges of wilful absence were framed against her. The inquiry officer, after examining the record and proceedings, found both charges proved. A show cause notice was subsequently issued, but the petitioner failed to submit any satisfactory explanation. Consequently, a discharge order was passed on August 25, 2010. Her departmental appeal was rejected nearly five years later, on April 22, 2015.
Before the High Court, the petitioner sought to justify her prolonged absence by claiming that she was undergoing treatment under a “Tantrik.” Rejecting this contention, the Court held that such a form of treatment is neither recognised nor permissible for validating absence from duty by a government employee. The Court noted that no documentary or oral evidence was produced to substantiate the claim, nor was any such individual examined during the departmental proceedings.
The Court observed that sympathy cannot override statutory discipline, especially where wilful absence stands proved and remains unrebutted. It further held that the findings of the inquiry authority were based on material on record and did not suffer from any illegality, perversity or procedural infirmity warranting interference under writ jurisdiction.
Concluding that discipline and accountability form the foundation of public service, the High Court dismissed the petition and upheld the discharge order, affirming that personal beliefs or unrecognised treatments cannot be used to dilute service rules governing government employees.
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