THE PUNJAB STATE & ORS. Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) After going through the judgment and hearing the learned counsel' for the parties, I am of the opinion that there is no doubt that the respondent remained absent from duty. There is no justification to allow him back wages for the period he remained absent. However, no fault can be found with the finding of the Additional District Judge that the punishment awarded is highly disproportionate and is not in accordance with the provisions of Rule 16.2 of the Punjab Police Rules. In this view of the matter, this appeal is partly accepted with no order as to costs. The judgment and decree of the Court of Additional District Judge, Jalandhar, are modified. The order of dismissal is held to be illegal, ultra vires, null and void. The respondent will be entitled to all consequential benefits. However, he will not get any wages for the period of his alleged absence from duty.

(2.) Superintendent of Police, Jalandhar is directed to reinstate the respondent within one month from today. A copy of the order be supplied by the Registry to the learned State Counsel by 5.12.1992 for compliance. Order accordingly.