HARJINDER KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the instant writ petition impugning the order dated 1.8.2006 passed by the Commandant, 36 Battalion, P.A.P, Bahadurgarh, Patiala at Annexure P-4, whereby the petitioner, who was serving as a Constable, has been dismissed from service. Further challenge is to the order dated 11.12.2008 (Annexure p-5) and 30.10.2009 (Annexure P-7), whereby the appellate and revisional authorities have confirmed the order of penalty of dismissal.

(2.) Brief facts that would require notice are that the petitioner proceeded on earned leave for a period of 90 days on 14.9.2004. He, thereafter, sought extension of such leave period and thereby a total of 324 more days of leave were sanctioned up to 9.11.2005. The petitioner chose to seek further extension but the same was not acceded to. Requisite information regarding extension of leave having not been sanctioned was duly given to the petitioner. Resultantly, the petitioner absented from duty. The petitioner was placed under suspension on account of being absent from duty since 10.11.2005 and a regular departmental inquiry was initiated against him. An inquiry report dated 17.7.2006 was furnished by the Inquiry Officer, whereby the charge against the petitioner of having continuously being absent from duty since 10.11.2005 was duly proved.

(3.) The punishing authority upon agreeing with the findings furnished by the Inquiry Officer issued a show cause notice dated 18.7.2006 to the petitioner, whereby the extreme penalty of dismissal was contemplated. The petitioner submitted a reply to the show cause notice and upon consideration of the same the impugned order dated 1.8.2006 was passed by the punishing authority by taking into account the factum of the petitioner having remained absent for a period of 249 days, 13 hours and 30 minutes and such charge having been duly proved in the inquiry proceedings. The appellate and revisional authorities have declined to interfere. It is against such factual backdrop that the instant writ petition has been filed.