NAVTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this case, the petitioner has challenged the order dated 13th November, 1992 (Annexure P-1) by which he was dismissed from service. He has also challenged the order dated 23rd November, 1993 (Annexure P-2) and the order dated 22nd April, 1994 (Annexure P-6) by which the appeal and the revision filed by the petitioner were also dismissed.

(2.) Briefly stated, the facts of the case are that the petitioner was appointed as a Constable in the Punjab Police on Ist October, 1987. He was governed by the Punjab Police Rules, 1934 (hereinafter referred to as the rules). While working as Constable at Police Station, Moonak, District Sangrur, the petitioner remained absent from duty from 9th February, 1991 till 21st November, 1991. Thereafter, he was taken on duty on 22nd November, 1991.

(3.) The petitioner was charge sheeted for his alleged unauthorised absence from 9th February, 1991 to 21st November, 1991. Departmental inquiry was conducted and on the basis of the report of the Inquiry Officer, the petitioner was dismissed from service vide order dated 13th November, 1992 (Annexure P-1). Before passing the aforesaid order, the petitioner was issued show cause notice and in the reply to the show cause notice, he submitted that he did not remain absent intentionally but he could not report for duty during the said period as he was suffering from neurosis and mild depression. In support of his illness, the petitioner also filed medical certificate issued by Dr. Gurdev Singh Mangat, MBBS, Doraha (Punjab). The disciplinary authority, however, rejected the contention of the petitioner with regard to his illness and held that the aforesaid medical certificate was procured by him with a view to cover the period of his absence from duty. The petitioner filed an appeal against the order dated 13th November, 1992 (Annexure P-1) before the appellate authority but the appellate authority vide order dated 23rd November, 1993 (Annexure P-2) dismissed the appeal. Thereafter, the revision petition filed by the petitioner was also dismissed by respondent No. 3 vide his order dated 22nd April, 1994 (Annexure P-6).