STATE OF PUNJAB Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) This appeal, by special leave, has been preferred by the State of Punjab and others challenging the judgment and decree dated 30-1-2001 of the High Court of Punjab and Haryana by which the Second Appeal preferred by the appellants was dismissed and the decree passed by the Courts below decreeing the respondents suit was affirmed.

(2.) The respondent-Sukhwinder Singh joined on 4-8-1989 as a police constable and was allotted number 644 in District Amritsar in the State of Punjab. He was sent for training at Police Recruit Training College, Jahan Khelan. He absented from duty w.e.f. 22-2-1990 without making any application for grant of leave or seeking permission for his absence. The Senior Superintendent of Police, Amritsar, passed the following order on 16-3-1990 :-

(3.) The learned sub-Judge, Amritsar, after appreciating the evidence on record, held that the order dated 16-3-1990 passed by the Senior Superintendent of Police, Amritsar, was illegal, null and void and accordingly passed a decree in favour of the respondent that he would continue in service and was entitled to his pay, powers, privileges and other service benefits of the post of a constable. The appeal preferred by the appellants was dismissed by the Additional District Judge on 28-5-1994 and the decree of the trial Court was afffirmed. The appellants then preferred a second appeal in the High Court, which was also dismissed on the finding that the respondent was thrown out of job on the ground of absence from duty. Absence from duty is a misconduct and it was a punishment which was imposed upon him without holding a formal inquiry as envisaged under Rule 16.24 (ix) of the Rules. Consequently the order of discharge dated 16-3-1990 was wholly illegal and contrary to law.