BACHAN LAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a Police Constable was dismissed from service for remaining absent without leave. He challenges the order of dismissal on the ground that neither any enquiry was held nor any opportunity was provided to him to explain the charge of unauthorised absence, the only ground on which he has been removed from service.

(2.) THE order impugned is sought to be justified by respondent on the ground that a number of notices were issued to the petitioner to resume duty but he did not comply. Since his defiance was creating indiscipline as his conduct was unbecoming of a police officer, he was removed from service by invoking Rule 187 and 208 of the Police Rules.

(3.) THE admitted facts of the case are that the petitioner was enrolled as Police Constable in the year 1987 . He proceeded on ten days casual leave commencing from 7.3.1993.He was scheduled to resume his duty on 18.3.1993 but failed. He was also permitted to leave the station. The order impugned was issued on 22 -4 -1993. It reads as under: