GURPREET SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CM-7020-C-2016 Prayer in this application is for condonation of delay of 45 days in filing the appeal.

(2.) Briefly, the facts of the case are that the appellant-plaintiff was appointed as a Constable on 4/10/1996 on compassionate grounds as his brother died during harness. He was posted at 36th Battalion Headquarters when he absented himself at the time of evening counting around 7.30 P.M. on 28/4/2008. Rapat No. 31 dtd. 28/4/2008 was entered in the Daily Diary Report regarding his absence. Notice was sent at his residential address but he did not come present and reported on 5/6/2008 after remaining absent for 37 days 15 hours and 35 minutes. For his absence, he was placed under suspension.

(3.) A departmental enquiry was initiated against him, in which a charge-sheet dtd. 9/9/2008 Ex. P3 was issued to him, which was received by him personally and reply was also submitted. Departmental enquiry was held against the appellant as per the provisions of the Punjab Police Rules where the statements of the witnesses were recorded in his presence and he signed them all. After holding enquiry, the report was submitted by the Enquiry Officer wherein the appellant was found guilty of absence from duty for 37 days 15 hours and 35 minutes. The defence, which was produced by the appellant, were certain medical certificates regarding the treatment of his son who was stated to be suffering from Polio. The enquiry officer found that the certificates, which have been produced, did not tally with the period, for which he had remained absent from duty as the plea, which has been taken by the appellant, was that he had remained busy with the treatment of his son. Further, the private doctor, who had issued the certificate, was produced as a witness and in the cross-examination, he could not give any satisfactory reply nor could he produce any entry as made in the OPD register or the register of fitness certificate.