Himachal Pradesh High Court Calls Constable’s Illness-Related Dismissal “Harsh & Unjustified”

The Himachal Pradesh High Court held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was unjustified and uncalled for.

The Court noted that the constable, with nearly two decades of impeccable service, had taken leave for medical reasons after an accident in 2005 and a subsequent tuberculosis diagnosis. 

The leave, granted for 30 days, was not extended, leading to his wrongful declaration as a deserter and termination from service. The Court quashed the dismissal, emphasising the constable’s long-standing commitment and medical circumstances, and restored his service. 

[Mahender Singh v Union of India & Ors.]