EX CONSTABLE JAGBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 08.10.1996 (P-5) passed by the Superintendent of Police, Commando, Newal, Karnal, dismissing the petitioner from service on account of his absence from duty for a period of 244 days. The petitioner has also challenged order dated 13.07.1999 (P-8) passed by Inspector General of Police, Railways & Commando (Haryana), Panchkula, upholding the order dated 8.10.1996 (P-5) and the revisional order dated 11.7.2000 (P-10) maintaining the view of the Superintendent of Police. The petitioner also filed review petition before the Director General of Police, which has also been dismissed on 11.7.2000.

(2.) Brief facts of the case are that the petitioner was appointed as Constable in the Commando Wing of Haryana Police in an open competition held on 20.3.1988. He was granted 3 days casual leave on 28.07.1995 and was required to report for duty on 1.8.1995. He failed to report for duty and accordingly he was marked absent on 1.8.1995 vide Rapat No. 16 at 12.05 P.M. It is claimed that he had fallen ill when he was visiting his relations and from there he was taken to private hospital run by Dr. R.E. Pandey, Retired Deputy Chief Medical Officer, Bhiwani, who found that the petitioner was suffering from Typhoid. It has been urged that he remained bed ridden upto November 1995 and from November to March 1996, he suffered from jaundice. On 1.4.1996, the petitioner is claimed to have been declared medically fit and came forward to join his duty at Commando Force Newal, Karnal The petitioner was issued a charge-sheet alleging that he remain willfully absent from duty from 1.8.1995 to 1.4.1996 for a period of 244 days 1 hour and 40 minutes, which is gross carelessness. For holding a departmental enquiry against the petitioner, Sant Lal, Inspector Commando Newal was appointed as Enquiry Officer. He submitted his enquiry report on 13.9.1996 and came to the conclusion that the Medical Certificates produced by the petitioner were false and bogus, which were procured to fill up the gap of his absence. The conclusion reached by the Enquiry Officer in his enquiry report (P- 2) reads as under :

(3.) On the basis of enquiry report a show cause notice was given to the petitioner by the Punishing Authority i.e., Superintendent of Police, Commando Newal, Karnal (respondent No. 4). The petitioner duly replied the show cause notice on 3.10.1996 (P-4). However, the Punishing Authority rejected the reply of the petitioner by upholding the findings. The Punishing Authority has noticed that the Medical Certificate produced from private Dr. R.E. Pandey failed to indicate any registration number and on different dates, different diseases have been shown on the Certificate. It has further been found that all Constables who absent themselves procured Certificates from Dr. R.E. Pandey. The views of the Punishing Authority are available in Para 4 of the order dated 8.10.1996 (P-5) and the same reads as under :