STATE OF PUNJAB Vs. ACHHAR SINGH

JUDGEMENT

(1.) This second appeal has been filed by the State of Punjab against the judgment dated 18th February, 1984, passed by the Additional District Judge, Amritsar, whereby declaration has been granted to the effect that the order of the Additional Superintendent of Police, Amritsar, dated 3rd March, 1977, was illegal and void and the plaintiff- respondent Achhar Singh continued to be in service of the Police Department, with all the privileges attached to his post.

(2.) Briefly stated, Achhar Singh-respondent joined service of the Police Department at Amritsar on 12th July, 1956, as a Constable. A departmental inquiry was initiated against him on the allegation that on 19th December, 1975, he was found absent from duty at the time of evening roll call and remained absent from duty for seven days without obtaining any leave or prior permission. This act was considered by the authorities as a "gross misconduct" on his part and an inquiry was ordered against him as a result of which he was dismissed from service. This order was challenged in a civil suit but the same was dismissed. In appeal, the learned lower appellate Court reversed the finding of the trial Court and decreed the suit of the plaintiff and after thorough consideration of the evidence on record came to the conclusion that the dismissal from service of the plaintiff-respondent on this ground was wholly arbitrary and violative of Rule 16.2 of the Punjab Police Rules, 1934.

(3.) After hearing the learned counsel for the appellant, I am in complete agreement with the conclusion arrived at by the learned lower appellate Court. The mere absence from duty for a few days does not amount to an act of gravest misconduct the cumulative effect of which may go to prove incorrigibility and complete unfitness of the employee for Police service. Therefore, dismissal from service on such a charge cannot be upheld.