Point of Law: Sub-Section (2) of Section 145 of 'the Act' speaks about withdrawal from duty in contravention of Section 29 of 'the Act'. Section 29 of 'the Act' provides that no Police Officer shall withdraw himself from the duties thereof except with the written permission of the Commissioner or the Deputy Inspector General and Superintendent of Police or of some other Police Officer empowered by the Inspector General or the Commissioner to grant such permission. Thus, it is clear that a Police Officer cannot withdraw himself from the duties except with the written permission of his superior Officer. Here, in the present case, not only the petitioner did not report to the duty after his casual leave was over, may be on any ground, had not sought for any permission even ex post facto, nor has he attempted to explain the absence for the same. The lame excuse shown by the petitioner to the effect that he suffers from sciatica. However, the said assertion is also again without any support of contemporaneous record issued by competent Medical Officer.

JUDGMENT :

1. The petitioner was working as Unarmed Police Constable, by way of this petition under Article 226 of the Constitution of India, challenged the order of penalty, pursuant to a departmental proceedings, of dismissal from the service vide order dated 21.10.2003 passed by the Superintendent of Police, Surendranagar, and treating the period of absence till the receipt of order of dismissal as unauthorized absence and to be treated as leave without pay, confirmed by the Range I.G. as also Director General of Police and Chief Police Officer, Gujarat State, Gandhinagar, vide orders dated 30.01.2004 and 01.02.2007 respectively.

2. The petitioner was appointed as Unarmed Police Constable on 16.01.1987 at Kutch District. Thereafter, he was transferred to Surendranagar District in an around the year 1993. He served there till he came to be dismissed from the service by an order dated 21.10.2003.

3. However, while he was serving with Halvad Police Station as Unarmed Police Constable, he proceeded on a casual leave on 30.06.2000 upto 02.07.2000, clubbing period of public holiday. He was to report for the duty on 03.07.2000. Further, the petitioner did not report for the duty. Therefore, on 25.07.2001, an offence under Section 145(2) of the Bombay (now Gujarat) Police Act (for short 'the Act') came to be registered against the petitioner vide C.R.No.II73 of 2001 at the very same Police Station. On 17.10.2001, the petitioner came to be arrested in connection with the aforesaid offence with said Police Station and thereafter, released on bail. Even after his arrest and subsequent release on bail in connection with the aforesaid offence, petitioner did not report for the duty. A chargesheet dated 3.11/12.2002 came to be issued against the petitioner on two counts i.e. (i) after proceeding on casual leave from 30.6.2000 upto 2.7.2000 with the benefit of public holiday and was to report for the duty on 3.7.2000, despite that, did not report to the duty, and therefore, a case has come to be registered against him and he has been released on bail in the said offence and (ii) though after the arrest in connection with the aforesaid offence, he was to report to the duty, he continuously did not report for the same, without obtaining any prior permission of higher authority or even informing them which shows that the petitioner has withdrawn himself from the duties without written permission of the Superintendent of Police or any other Officer of the Police Station and thereby, the petitioner has committed the misconduct.

4. Pursuant to the chargesheet, a departmental inquiry was conducted by the Presiding Officer and Circle Police Inspector against the petitioner who found the charge against the delinquent Police Officer to be partially proved. Pursuant to the report of the inquiry officer, after furnishing the copy of the report, disciplinary authority being Superintendent of Police issued a show cause notice that it intends to impose punishment of dismissal from the service, considering the misconduct, the report of the inquiry officer and the material containing in the report. Pursuant to the said show cause notice issued by the disciplinary authority, the petitioner has submitted his written reply which is at page No.25 of the compilation.

5. The disciplinary authority, considering the misconduct and the reply filed by the delinquent, imposed a penalty of dismissal from the service from the date of receipt of the order and treating the period from 30.06.2000 till the receipt of the order of dismissal as unauthorized absence and to be treated as leave without pay. The petitioner has challenged the said order of penalty by way of an appeal before the Special Inspector General of Police, Rajkot, who also dismissed the appeal preferred by the petitioner vide order dated 31.01.2004.

6. Being aggrieved by the same, the petitioner preferred the Revision Application before the Director General of Police and Chief Police Officer, Gujarat State, Ga