STATE OF PUNJAB Vs. PURAN SINGH AND ANOTHER

JUDGEMENT

(1.) This Letter Patent Appeal has arisen out of the order of the Honourable Single Bench, dated 1.2.1990, vide which writ petition was allowed and the order dated 23.6.1988 (Annexure P-9) holding the respondent to be guilty of wilful absence from duty from 1.9.1984 to 83.1985 and from 7.4.1985 to 15.6.1985 and acting in a manner which is unbecoming of a Government servant in violation of the Punjab Government Servants (Conduct) Rules, 1966 was quashed.

(2.) The Honourable Single Judge after going through the record as well as arguments addressed, came to the conclusion that the findings of the Punishing Authority are based on no evidence at all. It is not disputed at the bar that the respondent was found absent from duty solely on the basis of some letters alleged to have been addressed from Chandigarh while he was posted in Abohar, though undisputedly the said letters were never put to the respondent in the course of enquiry nor they formed part of the charge-sheet. Nothing has been pointed out from which, it can be concluded that the findings of the Punishing Authority are based on some material on the record. Mere despatch of letters written by him to the department on which address of the delinquent has been given of Chandigarh or which were posted from Chandigarh would not lead to an inference that he was absent from duty. The findings were totally presumptuous.

(3.) Consequently, we uphold the findings of the Honourable Single Judge that the impugned order (Annexure P-9) awarding punishment of decreasing the salary of the respondent holding him absent from duty wilfully cannot be sustained. Simply non-filing of the reply to the show cause notice of enquiry by itself cannot be taken as a conduct which is unbecoming of a Government servant.