Chhattisgarh High Court upholds the removal of a constable for 213 days of unauthorized absence, citing the need for discipline in naxalite-affected areas

News Citation : 2026 LN (HC) 225 | 2026:CGHC:15338

April 2, 2026 : The High Court of Chhattisgarh has reaffirmed the importance of strict discipline within the police force by dismissing a writ petition filed by a former constable who was removed from service for unauthorized absence. Justice Amitendra Kishore Prasad, presiding over the case in Bilaspur, ruled that prolonged absence without leave in a disciplined force especially when stationed in sensitive areas constitutes grave misconduct that warrants severe departmental action.

The legal battle began when Kaushik Behra, a constable previously posted at a police camp in the naxalite-affected Darbha region of Bastar, challenged a series of departmental orders that led to his removal. Behra had remained absent from his duties for a continuous period of 213 days, from June 2018 to January 2019. While the petitioner cited personal hardships, including his own ill health, his wife’s pregnancy, and the death of an uncle who had adopted him, the court found these justifications insufficient given the lack of prior intimation or sanctioned leave.

During the proceedings, the petitioner’s counsel argued that the punishment of removal was “grossly disproportionate” and that the departmental inquiry had violated the principles of natural justice. They contended that Behra was not given a fair opportunity to defend himself and that his absence was not willful but forced by compelling family circumstances.

However, the State’s legal representatives painted a different picture, presenting evidence of a “habitual absentee.” The court was informed that Behra had a history of indiscipline, having previously been slapped with five minor and two major penalties for similar conduct. State counsel emphasized that despite repeated notices directing him to resume duty during his 213-day absence, Behra failed to report back or provide a timely explanation.

In his judgment, Justice Prasad noted that the scope of judicial review in disciplinary matters is limited. He stated that the court does not sit as an appellate authority to reappreciate evidence or substitute its own opinion on the quantum of punishment unless it “shocks the conscience.” The judge highlighted that the inquiry was conducted strictly according to the Chhattisgarh Police Regulations and that constitutional safeguards under Article 311(2) were fully met.

The ruling emphasized that for a uniformed force tasked with maintaining law and order in high-risk zones like Bastar, operational preparedness and institutional integrity are paramount. The court concluded that Behra’s repeated failure to reform his conduct rendered him unfit for service. By dismissing the petition, the High Court has sent a clear message that while the judiciary remains a protector of employee rights, it will not shield “habitual indiscipline” that undermines the stability of essential public services.

Case Reference : In the case of WPS No. 1488 of 2023 , Kaushik Behra vs. State of Chhattisgarh and Others, the petitioner was represented by Mr. Roop Ram Naik, Advocate, while the State/Respondents were represented by Mr. Arpit Agrawal, Panel Lawyer.







, the petitioner was represented by Mr. Roop Ram Naik, Advocate


, while the State/Respondents were represented by Mr. Arpit Agrawal, Panel Lawyer


.