OM PRAKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 1.3.2007 passed by the Punjab and Haryana High Court setting aside the judgment and decree passed in favour of the appellant herein and thereby upholding the order of punishment awarded to the appellant.

(2.) THE appellant was working as Head Constable in Punjab Police. He absented from duty on 13.10.1984 which was recorded vide D.D.R. No. 2 at 10.00 A.M. It is alleged on behalf of the respondents that neither did he pray for any leave for his absence nor did he intimate the authorities the reasons for not attending the duty. THE appellant after absenting from duty for 39 days reported back on 22.11.1984. Even at that stage, he did not produce any document regarding his illness or any evidence to indicate that he was admitted in any hospital.

(3.) THE appellant thereafter filed a civil suit seeking for a declaration and for setting aside the order of dismissal from service. THE Trial Court decreed the suit holding that in view of the regularisation of the leave by the competent authority for the period of unauthorised absence, the charge no longer survives. Consequently, the order of dismissal was set aside with a direction to reinstate the appellant in service and to pay him back wages.