STATE OF HARYANA AND OTHERS Vs. RAJINDER KUMAR

JUDGEMENT

(1.) BRIEF factual background of the case is that petitioner was recruited as a constable in Haryana Police on 24.12.1979. During his posting in Police Lines, Kurukshetra he remained absent from duty for following periods: - -

(2.) STATE of Haryana preferred present Letters Patent Appeal against the aforesaid order before this Court. Same was, however, earlier dismissed observing that applicability of the judgment in Dhan Singh v. State of Haryana and others,, 2009 (1) RSJ 62 : (2009 Lab IC 12 (P & H)) was not disputed by the State before the learned Single Judge. Thus, directions under challenge appeared to be with the consent of State. It was further held as follows: - -

(3.) PLEA of State counsel has, however, been opposed by Mr. Malik, learned senior counsel appearing for respondent. According to him, learned single Judge as well as this court had rightly relied upon judgment reported as Dhan Singh's case (2009 Lab IC 12 (P & H)) (supra), wherein case of the employee was remanded to disciplinary authority for fresh consideration as he had rendered eleven years of service. Besides, petitioner had rendered almost 15 years of regular service and his absence was not intentional. Alleged misconduct would not come within the ambit of gravest misconduct envisaged by Rule 16.2(1) of Punjab Police Rules. Thus, punishment of dismissal from service is harsh.