RANBIR SINGH EX CONST Vs. STATE OF HARYANA

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner filed this writ petition for issuance of a writ of certiorari to quash the order of dismissal passed against him by the Superintendent of Police, Panipat dated 21.8.1991.

(2.) The petitioner was working as a constable for more than 17 years. He proceeded on earned leave for a period of 60 days in 1990. After expiry of leave, he did not join duty immediately, but he joined duty almost one year thereafter i.e. on 8.3.1991. For his absence from duty without leave, a regular enquiry was held against him in which he was found guilty of wilful absence for a period of 344 days. On the basis of the inquiry report, the petitioner was issued a Show Cause Notice on 22.7.1991. Thereafter the petitioner was dismissed from service on the basis of the inquiry conducted against him by an order dated 21.8.1991. The appeal and revision filed by the petitioner to the 2nd respondent and the 1 st respondent were also unsuccessful. Therefore, the petitioner filed this writ petition.

(3.) There is no dispute of the fact that the petitioner absented himself for a period of 344 days. The learned counsel for the petitioner relied upon a decision of this Court in State of Punjab v. Parkash Chand, 1992(1) S.L.R. 174, wherein the period of absence for a period of 58 days was not considered as gravest act of misconduct. The act of misconduct depends on the facts of each case. It has been held by, the Apex Court in State of U.P. and Ors. v. Ashok Kumar Singh and Anr., A.I.R. 1996 S.C. 736 as follows:-