IMPORTANT POINT
If the departmental authorities, after passing the order of punishment, passes an order for maintaining a correct record of the service of the delinquent officer and also for adjustment of leave due to the delinquent officer, the said action cannot be treated as an action condoning the lapse and the misconduct of the delinquent officer.

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 competent and disciplinary authority on going through the records passed an order of dismissal from service.

4. The said order was challenged by the appellant by filing an appeal which was dismissed and thereafter, by filing a revision petition, which was also dismissed.

5. The appellant thereafter filed a civil suit seeking for a declaration and for setting aside the order of dismissal from service. The Trial Court decreed the suit holding that in view of the regularisation of the leave by the competent authority for the period of unauthorised absence, the charge no longer survives. Consequently, the order of dismissal was set aside with a direction to reinstate the appellant in service and to pay him back wages.

6. Being dissatisfied with the aforesaid judgment and decree passed by the Trial Court, an appeal was filed which was heard by the District Judge and the said appeal filed by the respondent herein was dismissed. Still aggrieved, the respondent filed an appeal before the High Court which was registered as RSA No. 336 of 1993. The said second appeal was heard and by the impugned judgment and order, the said second appeal was allowed and the judgment and decree passed was set aside. The High Court held that the order of punishment awarded against the appellant herein is legal and valid. Being aggrieved, the appellant has filed this appeal on which we have heard the learned counsel for the parties who have taken us through the records.

7. The first contention that is raised by the counsel appearing for the appellant is regarding non furnishing of the absence report. The submission is that it was not furnished to the appellant at all during the proceeding and, therefore, the Inquiry proceeding was vitiated. The aforesaid submission is untenable. The appellant himself was fully conscious and aware that he was absent from duties for 39 days. The said fact was mentioned in the charge-sheet and he had full opportunity to defend himself against the said allegation of unauthorised absence of 39 days. Therefore, no prejudice was caused to the appellant even assuming that such a report was not furnished by the departmental authorities.

8. The next contention is that the appellant was not given any opportunity of hearing in the departmental proceedings. The said submission is belied on the face of the records as it is established from the records that the appellant participated in the departmental proceedings. He was given an opportunity to cross-examine which he had availed of. He had taken even notes from the records as also of the proceedings before the Inquiry Officer. The said contention, therefore, is also baseless.

9. It was also sought to be contended that he produced a medical certificate in support of his contention that he was medically unfit to work.