HARPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 7.10.2005 (Annexure P -l) and order dated 1.12.2006 (Annexure P -3). Second prayer is that order dated 9.6.2006 (Annexure P - 2) be held to be legal and, therefore, the same be upheld.

(2.) A perusal of the order (Annexure P -l) indicates that the petitioner, who was serving as a Constable at Rani Ka Bagh, Police Station Civil Lines, Amritsar, went absent without sanctioned leave or permission of the competent authority on 7.9.2004. He, accordingly, was marked absent on the said date and his services were placed under suspension vide order dated 21.12.2004. A departmental inquiry was ordered. The petitioner resumed duty on 1.5.2005 i.e. after an absence of 7 months and 24 days. Copy of the inquiry report has not been placed on record. Be that as it may, considering the findings recorded by the Inquiry Officer holding the petitioner guilty of the charges, and relevant circumstances, Senior Superintendent of Police, Amritsar, ordered dismissal of the petitioner from service with effect from 7.10.2005. The period of absence has been directed to be treated as non -duty period.

(3.) THE Inspector General of Police, Border Zone, Amritsar, on an appeal having been preferred by the department, revived the order of punishment imposed by the Senior Superintendent of Police and set aside the order passed by the Deputy Inspector General of Police, Border Range, Amritsar, whereby the punishment had been reduced, as noticed above.