LAWS(P&H)-2005-2-169

DHARMINDER KUMAR Vs. STATE OF PUNJAB AND OTHERS

Decided On February 16, 2005
Dharminder Kumar Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) This is a petition for quashing order dated 22.11.1996 (Annexure P.8) passed by Senior Superintendent of Police, Fatehgarh Sahib (respondent No. 3), vide which he terminated the petitioner's service on the allegation of remaining absent from duty without leave.

(2.) The petitioner joined service as Special Police Officer on 1.10.1993 in District Fatehgarh Sahib. In June, 1996, he is said to have fallen sick and proceeded on leave for 5 days. After treatment, he is said to have resumed duty. On 22.11.1996, his services were terminated vide order Annexure P.8, the relevant portion of which is reproduced below :

(3.) The petitioner has challenged the impugned order on several grounds including the one that the same is vitiated due to violation of the rules of natural justice. He has averred that before terminating his service, respondent No. 3 neither held any enquiry nor gave him opportunity of defence against the allegation of remaining absent without leave and in this manner, he has been condemned unheard.