BHUPINDERPAL SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred being aggrieved against the judgment dtd. 26/2/2021 passed in CWP No.34272 of 2019 titled Bhupinder Pal Singh Gill vs. State of Punjab and others and the order dtd. 20/4/2021 dismissing the review application filed against the same, whereby the challenge to the inquiry report dtd. 7/9/2018 (Annexure P-11) and punishment order dtd. 11/10/2019 (Annexure P-13) has been negated and the writ petition was resultantly dismissed.

(2.) The factual matrix needs to be tersely noticed for discussion of the present appeal. The writ petitioner, appellant herein, had joined as Medical Officer at the Punjab Civil Medical Services on 5/4/1983 through selection by the Punjab Public Service Commission. As per service conditions, he was to superannuate on 31/3/2017, on completion of 58 years of age. During his service, he had been promoted as Senior Medical Officer and was working as such, preceding his retirement. On 27/1/2017, the writ petitioner had applied to the Civil Surgeon for casual leave for 28/1/2017, 30/1/2017 and 31/1/2017 and thereafter proceeded on leave, as per practice followed earlier. On 20/3/2017, that is 11 days prior to his superannuation, the charge-sheet (Annexure P-1) was issued to the writ petitioner, wherein the following charges were made:-

(3.) The basis of the issuance of the charge-sheet was that the writ petitioner had proceeded on casual leave without waiting for the leave to be sanctioned, which was stated to have been declined, relying upon the instructions issued by the Punjab Health System Corporation on 6/1/2017 in view of the Vidhan Sabha Elections that were announced to be held in February, 2017. The said charges were not accepted by the writ petitioner, however, in the departmental inquiry the same were recorded to be proved except for the second part of charge No.3. The concluding part of the inquiry report dtd. 7/9/2018 (Annexure P-11) reads as,