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1997 Supreme(SC) 811

D.P.WADHWA, K.RAMASWAMY
State Of Punjab – Appellant
Versus
Bakhshish Singh – Respondent


ORDER

Though all steps have been taken to ensure the service of notice, the respondent could not be contacted for service. Even the last known address was tapped to effect the service; but that has also proved abortive. Under these circumstances, notice must be deemed to have been served.

Leave granted.

2. The respondent, who was a constable in the police service of the State of Punjab, absented himself from duty for a long period i.e., from November 7, 1986 to March 1, 1988, without any leave. As a result, disciplinary action was initiated against the respondent and enquiry was conducted. The disciplinary authority on the basis of finding of dereliction of non-reporting for duty, dismissed him from service. The civil trial Court dismissed the suit filed by the respondent. On appeal, the first appellate Court remanded the matter for reconsideration by the trial Court on the point of punishment. The High Court has dismissed the Second Appeal No. 155/96 summarily by its judgment and order dated August 21, 1996. Thus, this appeal by special leave.

3. The appellate Court recorded the finding as under :

"I have gone through the above authorities and am of the considered opinion that although




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