Himachal Pradesh High Court in Hoshiar Singh v. State of H.P. & Ors. (CWPOA No. 749 of 2019)on August 12, 2025, held that disciplinary punishment involving civil consequences, such as forfeiture of service benefits, must be based on clear proof of misconduct or dereliction of duty. The case arose when an employee was penalised with permanent forfeiture of 4 years’ service for allegedly failing to prevent a trespasser from entering the high-security zone. The Court found that there was no evidence to show that the trespasser had entered or exited through the area under the employee’s control, or that he had failed to act despite sighting the intruder. Observing that the order of forfeiture was passed without any material on record, the Court held that the punishment order violated the principles of fairness and equality under Articles 14 and 16 of the Constitution. The Court further emphasised that civil and adverse consequences can be imposed only upon proof of misconduct, and imposing such punishment without incriminating evidence amounts to a perverse and unsustainable action. Accordingly, the Court quashed the punishment order.
Stay connected with us on social media platforms for instant updates click here to join our LinkedIn, Twitter & Facebook
