# Armed Police Armed Police Constable vs State of Gujarat & 3

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2009-0036](https://datalibertarian.in/babuwatch/incident/CW-2009-0036)

## Report card

By judgment dated 11 August 2010 in Special Civil Application No. 4599 of 2009, the Gujarat High Court (Coram: M.R. Shah, J.) upheld the disciplinary action taken against the Armed Police Constable.

- Register number: GJ 00 CW 0004
- Case reference: Special Civil Application No. 4599 of 2009
- Court and date: Gujarat High Court (Coram: M.R. Shah, J.), 11 August 2010
- Officer(s) at the material time: Armed Police Constable
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “Applying the ratio laid down by the Hon'ble Supreme Court in the said case to the present case when the petitioner had been in the post found guilty of unauthorised absentism for 25 times and in a subsequent departmental inquiry …” (at para n/a)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1625532/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2009-0036)

**Record:** CW-2009-0036 (compiler id CWC-1214); case GAP3-49-004
**Title:** Armed Police Armed Police Constable vs State of Gujarat & 3
**Court:** Gujarat High Court; judges: M.R. Shah
**Case number / citation:** Special Civil Application No. 4599 of 2009
**Judgment:** 2010-08-11 (2009, day precision)
**Incident date:** 2003-09-27 (2003)
**Place:** Gujarat; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Armed Police Constable (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Gujarat High Court records the following account. Armed Constable remained absent without sanctioned leave or intimation for 354 days from September 2003 to September 2004, after more than 25 earlier instances of absenteeism. A departmental inquiry with full opportunity proved the charge and he was dismissed in August 2005; his appeal was time-barred and his revisions failed. The Gujarat High Court held that dismissal of a habitual absentee in a disciplined force is neither harsh nor illegal, and dismissed the petition. Matters not addressed in the cited judgment text are not recorded here.

> Applying the ratio laid down by the Hon'ble Supreme Court in the said case to the present case when the petitioner had been in the post found guilty of unauthorised absentism for 25 times and in a subsequent departmental inquiry is once again found guilty of unauthorised absent for 354 days, his consequential dismissal from service is not required to be interfered with, as the same cannot be said to be harsh and/or illegal. On the contrary the authority is justified in dismissing the petitioner from service more particularly considering the fact that the petitioner was serving in the disciplined police force and such an indiscipline cannot be tolerated at least in the police department.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/1625532/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** n/a
**display title redacted:** Armed Police Armed Police Constable vs State of Gujarat & 3
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'wrong_facts', 'corrections_applied': \['judgment_date'\]}
**followup status:** checked
**institutional response:** {'date': '2010-08-11', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Gujarat High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Gujarat High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Special Civil Application No. 4599 of 2009', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1625532/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Dismissal of habitual-absentee armed constable (354 days absent) upheld as neither harsh nor illegal.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2009-0036](https://datalibertarian.in/babuwatch/incident/CW-2009-0036)