SURJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application for early hearing of the writ petition is allowed. With the consent of counsel for the parties, main case is taken up for hearing today.

(2.) Petitioner, who was a Constable with the Punjab Police, has filed present writ petition for issuance of a writ of certiorari to quash order dated May 7, 1997 (Annexure P-1) vide which his services were terminated and order dated July 2, 1997 (Annexure P-2) dismissing his appeal and also order dated August 20, 1998 (Annexure P-3) dismissing his revision petition.

(3.) Brief facts of the case are that the petitioner was enrolled in General Railway Police on January 25, 1989. Thereafter, he was transferred and posted in Police Lines at Patiala. On December 31, 1994, he was found absent from duty. He reported for duty only on April 3, 1995. Departmental proceedings were initiated against him for his absence of 93 days without any intimation to the department. Enquiry Officer was appointed, who submitted his report on December 29, 1995, in which a finding was given that the petitioner was ill but since he failed to inform the department, he was found guilty of wilful absence. After receipt of the enquiry report, show cause notice was issued to the petitioner for termination of his services, to which he filed a reply. Punishing authority after perusing the enquiry report and reply filed by the petitioner did not feel satisfied and ordered on May 7, 1997, that he be terminated from service. Petitioner then filed an appeal against the order Annexure P-1, which was dismissed by the Inspector General of Police, Punjab, at Patiala, vide order dated July 2, 1997 (Annexure P-2). He then tried before the Inspector General of Police, Punjab, at Patiala by filing a revision, which was also dismissed vide order dated August 20, 1998 (Annexure P-3). Hence present writ petition has been filed.