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2011 Supreme(SC) 886

MUKUNDAKAM SHARMA, ANIL R.DAVE
Om Prakash – Appellant
Versus
State of Punjab – Respondent


ORDER

1. This appeal is directed against the judgment and order dated 1.3.2007 passed by the Punjab & Haryana High Court setting aside the judgment and decree passed in favour of the appellant herein and thereby upholding the order of punishment awarded to the appellant.

2. The appellant was working as Head Constable in Punjab Police. He absented from duty on 13.10.1984 which was recorded vide D.D.R. No. 2 at 10.00 A.M. It is alleged on behalf of the respondents that neither did he pray for any leave for his absence nor did he intimate the authorities the reasons for not attending the duty. The appellant after absenting from duty for 39 days reported back on 22.11.1984. Even at that stage, he did not produce any document regarding his illness or any evidence to indicate that he was admitted in any hospital.

3. Consequently, a departmental proceeding was initiated against the appellant for awarding major punishment. In the said proceedings, the appellant appeared and contested the matter. After the conclusion of the inquiry, the inquiry officer submitted his report finding the appellant guilty of the charges. On submission of the aforesaid report by the Inquiry Officer, the competen



















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