STATE OF PUNJAB Vs. EX. C. SATPAL SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellants challenging the Judgment dtd. 4/8/2010 passed in R.S.A No. 3802 of 2004 passed by the High Court of Punjab and Haryana.

(2.) The facts, in brief, are that the respondent was appointed as a Constable in the Punjab Armed Forces on 4/8/1989. In the year 1992, the respondent was transferred to the Commando Force and was posted at Bahadurgarh, Patiala Headquarter of the 2nd Commando Battalion. The respondent applied for five days leave, however, was granted leave only for one day. He proceeded to leave on 2/4/1994 but did not join his duties on 4/4/1994, and instead resumed his duties only on 12/5/1994. The allegation against the respondent was that he remained absent from 4/4/1994 to 12/5/1994, i.e., for around 37 days.

(3.) For the said unauthorized absence, the departmental enquiry was initiated and a chargesheet containing allegations along with a list of prosecution witnesses was served upon the respondent on 7/8/1994. During the enquiry, statements of the prosecution witnesses were recorded, and an opportunity was granted to the respondent to cross-examine those witnesses. The respondent was also granted an opportunity to produce witnesses in defence, but he refused to avail the said opportunity. The enquiry officer concluded the enquiry and submitted his report. Pursuant to the same, a show cause notice dtd. 25/5/1995 was issued to the respondent by the Commandant, 2nd Commando Battalion, Bahadurgarh, Patiala. However, the respondent did not file any response to the show cause notice within the period as prescribed and the disciplinary authority vide order dtd. 3/5/1996 dismissed the respondent from the service and ordered for treating the period of absence, i.e., from 4/4/1994 to 12/5/1994 as nonduty period.