STATE OF PUNJAB AND ORS. Vs. CHARAN DASS

JUDGEMENT

(1.) Respondent had filed suit for declaration challenging the order dated 8.1.1997 whereby he was dismissed from service and order dated 26.8.1997 whereby appeal filed by the respondent against the order of his dismissal, was dismissed.

(2.) Case of the respondent, in brief, was that he was appointed as a Constable with the defendants and was placed under suspension with effect from 18.4.1998. Departmental enquiry was ordered against the respondent on the allegation that he had remained absent from duty for one month, one day and 17 hours. In fact, respondent had fallen ill on 5.4.1996 and had been advised complete bed rest. The Enquiry Officer without considering the medical certificate proved on record by the respondent, held that the charges levelled against him, were proved. On the basis of the said enquiry report, order dated 8.1.1997 was passed against the respondent whereby he was dismissed from service. The order passed by the punishing authority was upheld by the Appellate Authority vide order dated 26.8.1997. Respondent was not afforded an opportunity of personal hearing by the punishing authority as well as the Appellate Authority.

(3.) Defendants, in their written statement, averred that the respondent had been dismissed from service after following due procedure of law.