RAMESH SINGH JAT Vs. STATE OF M P

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India, is directed against the order Annexure P-2 dated 26.10.1995 whereby the Superintendent of Police (S.P.), Guna removed the petitioner from service as a measure of punishment. The appellate order Annexure P-1 passed by Director General of Police (D.G.P.) dated 25.8.2004 is also under challenge in this petition.

(2.) The petitioner was subjected to disciplinary proceeding. It was alleged in the charge sheet that the petitioner was unauthorizedly absent from 29.4.1993 to 4.9.1993 (129 days). He remained unauthorizedly absent without giving any intimation to the department. Another charge against the petitioner was that he is in the habit of remaining unauthorizedly absent.

(3.) Shri Vivek Jain, learned counsel for the petitioner, has advanced singular contention before this Court. By drawing attention of this Court to the final order Annexure P-2 passed by S.P., Shri Jain submits that para 7 of the final order makes it clear that the period between 29.4.1993 to 4.9.1993 (hereinafter called as "period in question") is regularized by granting extraordinary leave to the petitioner. After having granted extraordinary leave, the petitioner cannot be treated as unauthorizedly absent for the said period and, therefore, the punishment is totally unwarranted.