Chhatrapati Sambhajinagar
A police officer Prashant Phalke who was dismissed for being absent without permission for 290 days, had his termination overturned by the Maharashtra Administrative Tribunal. The tribunal, led by Justice V.K. Jadhav and Administrative Member Vinay Kargavkar, deemed the dismissal excessive, citing Phalke’s otherwise impeccable service record.
Prashant Phalke, who had served in the police force for 11 years without any prior disciplinary issues, was dismissed for his extended absence. However, the tribunal ruled that a more lenient punishment should have been considered. It also clarified that Phalke would not receive any salary for the period between his dismissal and reinstatement.
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Reason Behind the Absence:
Officer Phalke’s absence was due to a sudden bout of typhoid that left him hospitalized. Doctors advised him to take two months off for recovery, but due to the seriousness of his illness, he failed to notify his superiors in time. His lawyer, Advocate Naseem R. Sheikh, presented this explanation during the tribunal hearing.
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Police Department’s Response:
Following an internal inquiry, the police department issued a legal notice. However, Phalke did not attend the inquiry. The authorities claimed that on September 3, 2011, Phalke had voluntarily accepted his dismissal when he appeared before the “Orderly Room” and expressed his unwillingness to continue in service.
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Tribunal’s Final Ruling:
In its final decision, the tribunal took into account Phalke’s 11 years of unblemished service. It noted that his prolonged absence, though serious, did not warrant such a harsh punishment. The tribunal emphasized the importance of balancing disciplinary action with maintaining the morale of the police force, suggesting that the punishment should have been more proportionate to the offence.