HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Appellants were appointed as Constables in the Police Department of the State of Punjab. They had been put on a duty to keep a watch on Bhagu Ram who was admitted in a hospital. He was allegedly shackled to the bed. At about 9 p.m. on the intervening night of 19th/20th May, 1984, the appellants alongwith one Parminder Singh (since deceased) were found to be absent by the Inspector of Police. He made enquiries whereupon, he came to know that all the three constables were absent from duty from 9 p.m. onwards. Other constables from the police lines had to be requisitioned. They reported to Police Lines at about 3 a.m. on the same day. They were charge sheeted and a departmental proceedings was initiated against them. The Enquiry Officer found them guilty. The enquiry report was accepted by the Superintendent of Police, the Disciplinary Authority. A second Show Cause Notice was issued to which all the delinquent officers replied. By an Order dated 21.1.1985, the disciplinary authority, however, having found the cause shown by the delinquents to be unsatisfactory, passed orders of dismissal from service against them. Appellants and said Parminder Singh filed a suit. One of the contentions raised in the said suit was that in passing the order of punishment, the disciplinary authority had not complied with the provisions of Rule 16.2 of the Punjab Police Rules. It reads as under:-

(3.) Whereas the learned Trial Judge was of the opinion that the misconduct committed by the delinquents was of grave nature, the first Appellate Court held: