STATE OF PUNJAB AND ORS. Vs. GURMIT SINGH

JUDGEMENT

(1.) Respondent had filed suit for declaration challenging the order dated 10.7.1995 of his dismissal from service.

(2.) Case of the respondent, in brief, was that he had joined as a Constable on 14.12.1990. On 5.11.1992, respondent was falsely implicated in FIR No. 99/1992 under Section 279/337 of the Indian Penal Code, 1860, registered at Police Station South, Chandigarh. Respondent was acquitted of the charges framed against him by the Trial Court. The claim petition filed by Raja Ram was dismissed by the Motor Accident Claim Tribunal vide its award dated 1.4.1995. Charge sheet was issued to the respondent on the ground that he had remained absent from duty. Thereafter show cause notice was issued to the respondent. In his reply, respondent clarified that he had never absented from duty. However, respondent was ordered to be dismissed from service on the basis of enquiry report and his previous service record by the punishing authority vide order dated 24.12.1993. The said order was upheld by the Appellate Authority vide order dated 6.4.1994. Revision filed by the respondent against the order passed by the Appellate Authority was dismissed vide order dated 10.7.1995 being time barred.

(3.) Defendants, in their written statement, averred that the respondent-plaintiff joined as a Constable with Punjab Armed Police on 14.12.1990. It was further averred that respondent was a habitual absentee and had been awarded punishment in this regard on number of occasions. The details of punishments awarded to the respondent as mentioned in para 1 of the written statement read as under:-