PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of three connected petitions, i.e., C.W.P. No. 15492 of 2006, C.W.P. No. 17624 of 2006 and C.W.P. No. 18607 of 2006 as common questions of law and facts are involved therein. For the sake of convenience, the facts are culled out from C.W.P. No. 15492 of 2006. The facts briefly stated are as follows: The petitioner was recruited as Constable in District Police, Mahendergarh on 5.3.1984. In the year, 1998, he was absorbed in Telecommunication Wing of the Haryana Police. He was awarded 22 commendation certificates in 11 years of service with no adverse entry in the confidential rolls. The petitioner absconded from duty from 5.10.1994 to 29.5.1995 while he was posted in R.T. Police Station City, Dabwali, Sirsa. The petitioner was served a charge sheet on 21.12.1995 for absence from duty without leave. A regular enquiry was conducted, in which, the charge stood established. On 5.2.1996, he was served with a show cause notice as to why he should not be awarded punishment of dismissal from service for the lapse. The petitioner explained that he was mentally disturbed and fell ill following the death of his father and his family problems kept him away from work. He sought ex -post facto sanction of leave. The request was not acceded to. An order of dismissal from service was passed on 22.3.1996. His appeal to DIG (Telecommunication) failed on 5.12.1996. The revision petition filed against the appellate order before the Director General of Police, Haryana was rejected on 1.9.1997. The dismissal order was upheld. The mercy petition before the State Government was turned down on 11.8.1999. It was his case that absence from duty did not amount to the gravest act of misconduct. It was neither deliberate nor intentional. The matter attained finality and remained so for long thereafter. The Court was not approached against the dismissal from service. The history of willful absence from duty, which pointed to the petitioner being habitual absentee has been narrated in the written statement filed by the State and are tabulated as under: -

(2.) IT is explained that as a result of cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service, the petitioner was dismissed from service vide order dated 22.3.1996 passed under rule 16.2 of Punjab Police Rules, 1934 as applicable to the State of Haryana for remaining willfully absent from duty with effect from 5.10.1994 to 29.5.1995.

(3.) THE present petition is directed against the order dated 8.9.2006 passed by the Director General of Police, Haryana reviewing the order passed by Shri M.S. Malik, IPS, the then Director General of Police, Haryana, who had accepted the mercy petition after eight years of dismissal and had converted the same to one of reduced major punishment as stated above. The Director General of Police, Haryana in the impugned order has reviewed the order of his predecessor -in -office principally on the ground that there are no statutory provisions under the PPR, 1934 as applicable to Haryana to entertain a mercy petition after the decision of the disciplinary authority as confirmed by the State Government. In such circumstances, the State Government was apprised of the facts and on consideration of the matter had accorded approval vide memo dated 25.4.2006 to withdraw the undue benefits given to the petitioner by Shri M.S. Malik, IPS, the then Director General of Police, Haryana. The benefits were withdrawn after issuing show cause notice and affording an opportunity of personal hearing to the petitioner before restoring the dismissal order dated 22.3.1996.