JAGGI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court impugning the enquiry report dated 05.08.2010 (Annexure P -1), order dated 31.08.2010 (Annexure P -2) passed by the Deputy Commissioner of Police, Headquarter, Gurgaon - respondent No.4 dismissing the petitioner from service, order dated 04.03.2011 dismissing the appeal of the petitioner by the Commissioner of Police, Gurgaon -respondent No.3 and the order dated 11.08.2011 (Annexure P -8) rejecting the revision of the petitioner by the Director General of Police, Haryana -respondent No.2.

(2.) IT is the contention of the counsel for the petitioner that the petitioner was appointed as a Constable on 02.12.1988. He was relieved from Police Line, Gurgaon for election duty vide rapat No.31 dated 05.05.2009. He fell ill, due to which he could not report back and accordingly remained absent from duty. A rapat No.27 dated 08.05.2009 was recorded accordingly. After recovering from his illness, petitioner reported back on duty vide rapat No.11 dated 23.09.2009 after absence of 139 days. A departmental enquiry was ordered against him by the Deputy Commissioner of Police, Headquarter, Gurgaon vide order dated 23.01.2010, which was entrusted to the District Inspector, Gurgaon. Petitioner took a stand that he was seriously ill, because of which he could not attend to his duties and remained absent from 08.05.2009 to 23.09.2009. The Enquiry Officer, after holding the enquiry against the petitioner, submitted his report on 05.08.2010 (Annexure P -1). He contends that the findings recorded by the Enquiry Officer are not sustainable in the light of the fact that the medical certificates and the treatment which the petitioner underwent during his absence period have not been taken into consideration.

(3.) CHALLENGE to the order passed by the appellate authority and the revisional authority is also based upon the same submissions as has been recorded above. He, on this basis, contends that the impugned orders be set - aside and the petitioner be reinstated in service and in any case the punishment of dismissal be converted to compulsory retirement.