STATE OF PUNJAB Vs. MUNSHA SINGH

JUDGEMENT

(1.) The State has preferred the present appeal aggrieved by the judgement of reversal passed by the 1st appellate Court setting aside the impugned order of dismissal passed as against the respondent/plaintiff.

(2.) The plaintiff was serving as a Constable in the Police Department right from 6.12.1974. He was promoted to the cadre of Head Constable in the month of October, 1984 and was posted in Police Lines, Ferozepur. A departmental enquiry was initiated against him in 1984 for being absent from duty for 21 days 11 hours and 10 minutes without applying for leave or permission. The departmental proceedings were initiated in absentia of the plaintiff, therefore, the enquiry proceedings are vitiated. The plaintiff challenged the order of dismissal passed by the defendant.

(3.) The defendant has contended that the enquiry was conducted and an order of dismissal was passed by the defendant only after observing all the Rules applicable to the plaintiff. Charge-sheet and list of witnesses were sent to the home address of the plaintiff through Constable Sadhu Singh. The plaintiff intentionally did not appear before the enquiry officer. Therefore, punishment of dismissal from service was properly passed by the Authority concerned.