An order of dismissal can be passed for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service.

JUDGMENT :

Ashok Bhan, J.

Leave granted.

2. Respondent, who is working as a constable in the Punjab Arm Police at Jalandhar, was dismissed from service after holding a departmental enquiry on the charge of remaining absent from duty for five & half months without any sanctioned leave or prior intimation.

3. Appeals/revision filed by the respondent before the higher authorities were dismissed. Thereafter respondent filed a civil suit in the Court of Civil Judge (Jr. Division) Amritsar, for quashing the impugned orders with consequential relief.

4. Trial Court dismissed the suit. Aggrieved against which the respondent filed an appeal bearing No. 204 of 1999 before the Additional District Judge, Amritsar. The appellate Court set aside the judgment and decree passed by the trial Court and decreed the suit.

5. The order passed by the Senior Superintendent of Police dated 13.07.1995, the order passed by the Deputy Inspector General of Police in appeal dated 21.09.1996 and the order passed by the Inspector General of Police, Border Range, Amritsar in revision dated 14.05.1997 were held to be null and void. As a consequence thereof the respondent was ordered to be reinstated in service with all consequential benefits like re-instatement in service and the arrears of salary etc. It was held that the order of dismissal could not be passed against the respondent for a single act of remaining absent from duty without sanctioned leave. Liberty was reserved with authorities to pass a fresh order keeping in view the length of service of the respondent.

6. Relevant portion of the order reads thus:

"In view of what has been discussed above, this appeal is accepted. The suit of the appellant is decreed for a declaration that the order passed by the Senior Supdt. of Police dated 13.7.1995, dated 21.9.1996 passed by the Deputy Inspector General Border Range, Amritsar and dated 14.5.1997 passed by the Inspector General Border Range Amritsar are null and void. The appellant is deemed to be in service of the respondents continuously and is held entitled to all the service benefits. The respondents are however at liberty to pass a fresh order keeping in view the length of service of the appellant. There is no order as to costs."

7. Aggrieved against the order passed by the first appellate court, appellants filed second appeal before the High Court which has been dismissed by the impugned order. Aggrieved against which the present appeal has been filed.

8. The conduct of the respondent who is a member of disciplined force in remaining absent from duty for five & half months without sanctioned leave or prior intimation is reprehensible.

9. Rule 16.2 of the Punjab Police Rules reads as follows:

"16.2 Dismissal Dismissal shall be provided only for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service. In making such an award regard shall be had to the length of service of the offender and his claim to pension.

(2) xxx xxx"

10. Rule 16.2 provides that an order of dismissal can be passed only for the commission of gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service.

11. We do not agree with the High Court that a single act of remaining absent without leave would not amount to gravest act of misconduct.

12. This would depend upon the fact situation of each case. In the present case we find that the respondent remained absent without leave for quite a long period. The explanation rendered by him did not find favour either with the enquiry officer or the punishing authority. The findings of facts were not disturbed in the departmental appeal/revision.

13. This finding was also not disturbed in the suit. The only ground for setting aside the orders impugned in the suit is that a single act of remaining absent from duty without sanctioned leave did not merit an order of dismissal from service.