SUBHASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The disciplinary proceedings were initiated against the petitioner for willful absence from duties w.e.f. 3rd January, 1996 to 16th January, 1996 and 7th February, 1996 to 15th February, 1996. The inquiry was entrusted to Shri Mohinder Singh, the then District Inspector of Police Bilaspur. He served the petitioner with a charge-sheet. He was permitted to file reply. He was also permitted to furnish list of D.Ws., if any. The stand of the petitioner was that he has suffered an attack of depression. The Inquiry Officer furnished the report to the Disciplinary Authority. The Disciplinary Authority issued show-cause notice to the petitioner why he should not be dismissed from service. The stand of the petitioner again to the show-cause notice was that he suffered attack of depression. The Disciplinary Authority imposed the penalty of dismissal upon the petitioner on 18.07.1996. He preferred an appeal to the Deputy Inspector General of Police, Central Range, Mandi. The appeal was dismissed by the Appellate Authority on 19.10.1996. Petitioner preferred a revision before the Director General of Police. The revision was rejected by the Director General of Police on 4.4.1997.

(2.) Mr. Rakesh Dorga, learned counsel for the petitioner has vehemently argued that the imposition of penalty upon the petitioner is illegal and arbitrary. He then argued that the respondents have failed to take into consideration the ailment which the petitioner was suffering from, i.e., `depression'.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General has supported the orders passed by the Disciplinary Authority, Appellate Authority and Revising Authority.