JUDGMENT

[Arising out of S.L.P. (C) No. 12390 of 2006]

S.B. SINHA, J.

Leave granted.

Appellants were appointed as Constables in the Police Department of the State of Punjab. They had been put on a duty to keep a watch on Bhagu Ram who was admitted in a hospital. He was allegedly shackled to the bed.

At about 9 p.m. on the intervening night of 19th/20th May, 1984, the appellants alongwith one Parminder Singh (since deceased) were found to be absent by the Inspector of Police. He made enquiries whereupon, he came to know that all the three constables were absent from duty from 9 p.m. onwards. Other constables from the police lines had to be requisitioned. They reported to Police Lines at about 3 a.m. on the same day. They were charge sheeted and a departmental proceedings was initiated against them. The Enquiry Officer found them guilty. The enquiry report was accepted by the Superintendent of Police, the Disciplinary Authority. A second Show Cause Notice was issued to which all the delinquent officers replied. By an Order dated 21.1.1985, the disciplinary authority, however, having found the cause shown by the delinquents to be unsatisfactory, passed orders of dismissal fr