KULDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) APPELLANT had filed suit for declaration challenging the order of his dismissal and the orders whereby his appeal and revision were dismissed.

(2.) THE case of the appellant -plaintiff, in brief, was that he had joined as Constable with the defendants and had been confirmed on 21.5.1990. In the year 2003, departmental inquiry was initiated against the appellant on the allegation that he had remained absent from duty with effect from 9.8.2003. Appellant reported back for duty on 31.1.2004 and had, thus, remained absent for a period of five months and twenty two days. Appellant was dismissed from service by the Punishing Authority vide order dated 12.6.2007. Appeal filed by the appellant against the said order was dismissed by the appellate authority vide order dated 14.8.2007. Thereafter, appellant preferred revision before the Inspector General of Police and the same was dismissed vide order dated 9.1.2008. Thereafter, appellant filed the appeal before the Director General of Police and the same was rejected on 28.1.2009. The case of the appellant further was that the impugned orders had been passed against the rules of natural justice and were illegal, null and void.

(3.) DEFENDANTS , in their written statement, averred that the suit filed by the appellant was time barred and bad for non -joinder of necessary parties. On merits, it was averred that the appellant was appointed as Constable on 21.5.1990 and had remained absent from duty and due to this reason, the impugned orders were passed.