JOGINDER SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The Petitioner has impugned the order dated 27.6.2007 (Annexure P-5) passed by Respondent No. 4 awarding him the punishment of dismissal from service on account of his remaining absent from duty. He has also prayed that the subsequent orders by which his appeal has been dismissed be also quashed. A further prayer has been made that the punishment awarded to the Petitioner is harsh as the competent authority did not take into account the length of service and in fact ends of justice would have been met if he would have been compulsorily retired so as to enable him to get a pension keeping in view the length of service that the Petitioner has rendered to the Respondents.

(2.) The Petitioner was employed as a Constable on 3.10.89 with the Haryana Police. He proceeded on 5 days sanctioned leave on 8.4.2006 and was required to report back on duty on or before 14.4.2006 whereas he reported for duty on 25.11.2006 after absenting himself for 214 days and 17 hours. Thereafter, again on 7.1.2007 he proceeded on 10 days casual leave and was required to report back on duty on 18.1.2007 but did not report back for duty and thus invited a chargesheet against himself resulting in the initiation of disciplinary proceedings against him. A departmental inquiry was held and the Petitioner was indicted in the said inquiry. The Petitioner as a measure of defence set up a plea that he was unwell but was unable to produce any material to substantiate such a plea.

(3.) After the said inquiry, a show cause notice was issued to the Petitioner as to why the punishment of dismissal be not awarded to him and thereafter considering the stand of the Petitioner, Respondent No. 4 passed the impugned order on 27.6.2007 awarding the punishment of dismissal.