STATE OF PUNJAB Vs. CONSTABLE BUDH SINGH

JUDGEMENT

(1.) The plaintiff (now respondent) who was a Constable in the Police Department had filed a suit for declaration challenging the order dated 14.11.1984 passed by the Superintendent of Police (City) dismissing him from services and also order dated 3.7.1985 of the D.I.G. of Police dismissing the appeal. Further challenge was made in the suit to order dated 18.12.1985 of the Inspector General of Police on the ground that the aforesaid orders were illegal ultra vires, unconstitutional, mala fide and against the principles of natural justice as well as the rules governing service of the plaintiff and thus, he was entitled to continue in service along with all the benefits.

(2.) Allegations against the plaintiff were that he absented himself from the Police Lines on 13.3.1983 and rejoined on 26.5.1983 after remaining absent for 2 months, 13 days and 15 minutes. Further allegation against him was that he again absented himself on 4.7.1983 and returned on 20.8.1983 after remaining absent for 1 month, 16 days and 30 minutes. An enquiry was conducted against the plaintiff after serving summary of allegations upon the plaintiff and thereafter, recording evidence. Charge sheet was also served upon the plaintiff and reply to the charge sheet was given by him. However, he did not produce any evidence. The plaintiff was then served a Show Cause Notice, reply to which was given by him, but his plea was rejected by the punishing authority and he was dismissed from service. Thereafter, his appeal and revision, filed against the aforesaid orders, were also dismissed.

(3.) The dismissal orders were challenged by the plaintiff on various grounds including that his termination orders were passed by an officer who was not his appointing authority. Moreover, the punishment of dismissal could be awarded only for gravest misconduct under Rule 16.2 of the Punjab Police Rules, 1934 (for short, "the Rules") whereas no such finding has been recorded by the punishing authority while passing the impugned order of termination.