‘Mere Reference to Past Misconduct Not Basis of Dismissal’: SC Upholds Termination of Punjab Cop

Supreme Court Of India
The Supreme Court on August 29, 2025, upheld the dismissal of Punjab police commando Satpal Singh for the “gravest act of misconduct” of remaining absent from duty without authorization. Court clarified that a disciplinary authority’s reference to past misconducts does not invalidate a dismissal order when the penalty is based on the primary charge proved in the inquiry.
"Mere mentioning of past misconducts cannot be attributed to have formed the basis of adverse action against the delinquent employee," the bench of Justices J K Maheshwari and Vijay Bishnoi said.
Court set aside a 2010 Punjab and Haryana High Court ruling that had reinstated Singh. The High Court had held that while passing the termination order, the disciplinary authority had impermissibly taken into account Singh’s earlier misconducts, which were not disclosed in the show cause notice.
Rejecting that reasoning, the top court 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".
Satpal Singh was appointed as a constable in the Punjab Armed Forces on August 4, 1989, and transferred to the Commando Force in 1992. In 1994, he was sanctioned one day’s leave but overstayed for about 37 days. Following an inquiry, the disciplinary authority dismissed him from service on May 3, 1995. His appeal and revision petitions were rejected.
He then filed a civil suit seeking reinstatement, but both the Additional District Judge (2003) and the District Judge (2004) dismissed his claims. In a second appeal, however, a single judge of the Punjab and Haryana High Court in 2010 ruled in Singh’s favour.