KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

(2.) Challenge in the instant petition is to the order dtd. 21/6/2005 (Annexure P-6) passed by the Senior Superintendent of Police, Hoshiarpur and whereby the major punishment of dismissal from service was imposed upon the petitioner who was serving as a Constable. Further challenge is to the order dtd. 7/9/2020 (Annexure P-9) passed by the Appellate Authority affirming the action of dismissal.

(3.) Counsel submits that petitioner was appointed as Constable in Punjab Police on 24/5/1990. During his service tenure he earned various cash awards. Even commendation certificates were issued by the Department. However, petitioner suffered from some medical ailment and as such could not report for duty at Police Lines, Hoshiarpur w.e.f.11/11/2002. It is averred that petitioner proceeded back to his village and was treated by local quacks. Under such circumstances petitioner was not mentally stable and as such could not convey to the authorities concerned the basis of absence. It has also been averred that various communications were received from the department but on account of being in a state of depression and ill health, he could not respond to the same. Ultimately he was served with the order of dismissal dtd. 21/6/2005 (Annexure P-6). A certificate issued by DMC Hospital, Ludhiana dtd. 24/2/2010 has been appended as Annexure P-7 to assert that petitioner was diagnosed as a Schizophrenic patient. Thereafter petitioner continued taking treatment from DMC Hospital as also other places. Ultimately he preferred an appeal dtd. 8/7/2020 (Annexure P-8) against the major penalty of dismissal and the same stands dismissed by the Appellate Authority vide impugned order dtd. 7/9/2020 (Annexure P-9) primarily on the ground of delay.