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Yasodhar Kamat v. The Director General, Border Security Force and Others

Civil Appeal · 2020 INSC 15Decided 8 Jan 2020
Civil Appeal No. 86 of 2020
Dr. Justice D.Y. Chandrachud · Justice Hrishikesh Roy

Background

A BSF constable with 17 years of service overstayed his sanctioned leave by about a month after his niece was reportedly kidnapped and he went looking for her, while also informing his unit of the situation and seeking an extension. He was dismissed from service for unauthorized absence. A single judge of the High Court found the dismissal unlawful and sent the matter back for reconsideration of punishment, but a Division Bench reversed this and restored the dismissal. The constable appealed to the Supreme Court.

Decision Breakdown

The Supreme Court found that the constable had given a credible, unrejected explanation for his overstay (his niece's kidnapping and related family emergencies) and had tried to seek an extension through his commanding officer. While his past disciplinary record and the fact that he did not press for reinstatement weighed against ordering his return to service, the Court held that dismissal was a disproportionately harsh penalty given his 17 years of service. Instead of upholding the dismissal, the Court substituted it with a deemed discharge effective from the date he would have completed 20 years of pensionable service, entitling him to pension (though not back wages for the intervening period).

Lesson Learnt

Even where some misconduct is established, a punishment of dismissal must be proportionate to the gravity of the conduct and the employee's service record: courts can substitute a harsh penalty with a more measured one, such as treating a long-serving employee as discharged for pension purposes rather than dismissed outright.

Official source (sci.gov.in)View Judgment (PDF)

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