STATE OF PUNJAB Vs. PRAKASH CHAND

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard learned counsel for the parties.

(3.) This appeal arises out of a civil suit filed by the respondent, (a constable in Punjab Armed Police) , wherein he assailed the validity of theorder of dismissal from service dated 6/4/1978 passed in disciplinary proceedings initiated against him in respect of the charge of his having been absent from duty without leave during the period from 20/7/1977 to 16-9- 1977. The said suit was dismissed by the trial court. On appeal the additional District Judge, by his judgment and decree dated 4/2/1985, decreed the said suit and set aside the said order of dismissal on two grounds, viz. , (i) the respondent was not afforded an opportunity of personal hearing before imposition of the penalty of dismissal from service; and (ii) there was no finding by the punishing authority that the misconduct attributed to the respondent amounted to the gravest act of misconduct in terms of Rule 16.2 of the Punjab Police Rules, 1934, (hereinafter referred to as "the Rules"). The High court, in second appeal, did not agree with the finding of the learned Additional District Judge on ground (i) about affording personal hearing to the respondent, but it agreed with the finding recorded by the Additional District Judge on ground (ii) that the punishment of dismissal could not be imposed since the punishing authority did not record a finding that the misconduct attributed to the respondent amounted to the gravest act of misconduct. The High court has, therefore, affirmed the decree passed by the Additional District Judge.