STATE OF PUNJAB Vs. EX-CONSTABLE DEVINDER SINGH

JUDGEMENT

(1.) Respondent, who was serving as a Constable in the Punjab Police, was served with a charge-sheet on the allegation that he remained absent from duty for 80 days and 17 hours. After holding a departmental inquiry, a punishment of dismissal from service was awarded to him by the Superintendent of Police, Bathinda (appellant No.2 herein). Respondent's appeal against the order of dismissal was also dismissed by the appellate authority.

(2.) Respondent challenged the order of dismissal as also the order of the appellate authority by way of Civil Suit No.829 of 18.12.1987 on various grounds. The suit was resisted by the appellants by filing a written statement, wherein issuance of charge-sheet, award of penalty of dismissal from service and dismissal of appeal of the respondent were admitted and it was added that the respondent was afforded full opportunity to defend himself.

(3.) A replication was filed and from the pleadings of the parties following issues were framed by the Court of learned Sub Judge Ist Class (A), Bathinda, (hereinafter referred to as 'the trial Court'):-