EX CONSTABLE MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was working as Constable in the Punjab Police has impugned by way of filing the present petition the order dated 3.5.1999 passed by the Senior Superintendent of Police, Bathinda imposing upon him the extreme penalty of dismissal from service. Also under challenge are the orders at Annexures P-2 and P-4, whereby the appeal as also revision preferred by the petitioner against the order of dismissal have been rejected.

(2.) Facts in brief may be noticed hereunder:-

(3.) Mr. Sunil Chadhar, learned counsel appearing on behalf of the petitioner has argued the present petition primarily on the ground of nonconsideration of the provisions of Rule 16.2 of the Punjab Police Rules. It has been strenuously contended that the dismissal of the petitioner on account of absence from duty does not constitute "gravest act of misconduct" as defined under Rrule 16.2 read with the explanation appended thereto and accordingly, it has been contended that the impugned orders of dismissal affirmed in departmental appeal and revision are illegal and as such liable to be quashed.