STATE OF PB. AND ORS Vs. KULWANT SINGH

JUDGEMENT

(1.) The defendant-State has come up in this appeal by assailing the judgment and decree passed by the learned first appellate court which reversed the verdict of the trial court and decreed the suit filed by the plaintiff Kulwant Singh (respondent herein).

(2.) The facts necessary for disposal of the appeal are that the plaintiff-respondent enrolled as a Constable. He remained absent from duty w.e.f. 21.6.2000 to 25.9.2000 (95 days 19 hours). By treating it as his misconduct, the departmental enquiry was initiated. On 26.7.2001, the enquiry proceedings were fixed for producing defence evidence, however, he could not appear on that day. As such, he was proceeded against ex parte. On the same day, the enquiry was decided against him. A show cause notice was issued and ultimately he was dismissed from service vide order dated 26.12.2001. He challenged the dismissal order through the instant suit on the following grounds as set out in the plaint :-

(3.) The suit was contested, inter alia, on the grounds that the absence of the plaintiff respondent was willful and that being a member of the disciplined force, he disobeyed the Punjab Police Rules (in short, "the rules). However, it is averred that the enquiry was conducted in accordance with law and as per the rules. Therefore, the same is fully legal and valid.