SHIV CHARAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Aggrieved by the dismissal of C.W.P. No. 3311 of 1988 filed by him against the order of dismissal from service, the appellant has filed this appeal under clause X of the Letters Patent.

(2.) The facts necessary for deciding the questions raised in this appeal are that while he was posted as Constable on deputation in the Vigilance Cell of the Irrigation Department at Chandigarh, the Superintendent of Police, Vigilance Cell passed order dated 17.5.1983 for his repatriation to the cadre of District Police, Gurgaon. On that very day he was relieved from Chandigarh with the direction to join at Gurgaon on 19.5.1983. Accordingly, he reported for duty at Gurgaon on 19.5.1983. But he was not allowed to join duty apparently because till then sanction for his repatriation was not given by the Deputy Inspector General of Police, Gurgaon Range. He remained at Police Lines, Gurgaon from 19.5.1983 to 25.5.1983 but was not taken on duty. Thereafter, he reported back to the Superintendent of Police, Vigilance Cell, Chandigarh on 26.5.1983, who too, declined to take him on duty in view of the order of his representation Annexure P.2 dated 26.5.1983 to the Director General of Police, Haryana for issuance of a direction to the authorities to take him on duty. He also made representation Annexure P.3 dated 26.5.1983 to the Deputy Inspector General of Police, Gurgaon and pointed out that he was not taken on duty at Gurgaon from 19.5.1983 to 25.5.1983. He requested the Deputy Inspector General that he may kindly inform him about the posting order his home address. To the same effect a separate representation was made to the Senior Superintendent of Police, Gurgaon. On 7.6.1983, the Director General of Police wrote Annexure P.5 to the Superintendent of Police, Gurgaon that necessary steps be taken to adjust the petitioner in the District Police and the difficulty, if any, in the adjustment of the Constable may be sorted out with the Superintendent of Police, Irrigation or brought to the notice of the Deputy Inspector General of Police, Gurgaon Range for his guidance. The Superintendent of Police, Vigilance, Irrigation wrote letter Annexure P.6 dated 10.6.1983 to the Director General of Police, Haryana indicating therein that the petitioner was not available at Gurgaon on 2.6.1983 or at Chandigarh. On 20th June, 1983, the Superintendent of Police, Gurgaon ordered the initiation of departmental inquiry against the appellant on the allegation of absence from duty. The Deputy Superintendent of Police, Ferozepur Zirka to whom the inquiry was entrusted served statement of allegation upon the appellant charging him with misconduct of remaining absent from duty for 33 days without permission. On the basis of findings recorded by him the Superintendent of Police, Gurgaon dismissed the appellant from service. The appeal filed by him against the order of dismissal was dismissed by the Deputy Inspector General of Police, Gurgaon Range, Gurgaon.

(3.) The appellant filed C.W.P. No. 311 of 1983 for quashing of the orders of dismissal passed by the Superintendent of Police, Gurgaon as well as the order passed by the Deputy Inspector General of Police, Gurgaon Range, Gurgaon dismissing his appeal on the ground of violation of the Punjab Police Rules, 1934 and the principles of natural justice. The respondents justified the dismissal of the appellant by contending that the competent authority has passed the order of punishment in view of the findings recorded by the Inquiry Officer on the basis of an inquiry held in accordance with the rules. Vide his order dated 9.5.1988 the learned Single Judge dismissed the writ petition.