Disciplinary actions for willful absence must be substantiated by evidence; failure to provide medical justification can uphold discharge under police service rules.

JUDGMENT :

Ranjan Sharma, J.

Petitioner Sapna Devi, a Constable, having been discharged from service had filed Original Application No.1313 of 2015 before the State Administrative Tribunal and upon abolition of Tribunal, the matter stood transferred to this Court, as CWPOA No.5173 of 2019, seeking the following reliefs :-

“(i). That the impugned Office Order dated 22.04.2015 (annexure A-12) and the dismissal order dated 25.08.2010 (Annexure P-8), whereby, the services of the petitioner have been brought to an end without appreciating the fact that it was all due to her illness that she kept her absent from the Training Schedule may kindly be quashed and set aside.

(ii). That the Respondents may be directed to Re-instate the Applicant in her services.”

FACTUAL MATRIX:

2. Grievance  of  the  petitioner  is  that  on the recommendations of the Selection Committee, the petitioner was appointed as a Lady Constable in 5th IRBn [Mahila] Bassi, District Bilaspur on 01.01.2010 [Annexure A-1]. Upon appointment, the petitioner was to undergo the training as required under the applicable norms. It is further averred that the petitioner remained absent on account of ailment as per the Medical Certificate [Annexure A-2 colly] for the period from 19.02.2010 till 06.04.2010 for 48 days and she reported back for training at 2nd IRBn Sakoh District Kangra, H.P. It is further averred that the petitioner availed 4 days casual leave including station leave on 16.04.2010 and was supposed to join back on 22.04.2010, but on account of certain reasons she was unable to join back on 22.04.2010 and thereafter.

2(i).    Based on the report of the Commandant 2nd IRBn Sakoh, dated 07.04.2010 [Annexure A-3], the petitioner was placed under suspension on 28.05.2010 [Annexure A-4] and the Regular Departmental Inquiry was also ordered against the petitioner as per Rules 16.24 of the Punjab Police Rules, as applicable in the State. One Sh. Hirdhu Ram Kaundal, Additional Superintendent of Police was appointed as the Inquiry Officer with the direction to submit the report to the Disciplinary Authority. It is averred that on 07.06.2010 [Annexure A-5], the Inquiry Officer, as per the Punjab Police Rules, as applicable in Himachal Pradesh issued summary of allegations against the petitioner, leveling two charges i.e. willful absence from 20.02.2010 to 06.04.2010 of 48 days and secondly the charge of willful absence from 23.04.2010 to 31.05.2010 of 39 days.

In response to charge-sheet dated 07.06.2010 [Annexure A-5], the petitioner submitted a reply to the summary of allegations. Consequently, the Inquiry Officer completed the Regular Departmental Inquiry, as per the Punjab Police Rules, as applicable in Himachal Pradesh in the Month of June, 2010 [Annexure A-6], and submitted the Inquiry Report to the Disciplinary Authority on 08.07.2010.

2(ii).   On receipt of Inquiry Report, the Commandant 5th IRBn[M] Bassi issued a show cause notice on 06.08.2010 [Annexure A-7] directing the petitioner to submit a reply to the findings in the Inquiry Report within 15 days positively [camp at police line Bilaspur]. It is further averred that the petitioner could not submit a reply to the show cause notice dated 06.08.2010 [Annexure A-7] [clear from page 58 of the paper book]. In these circumstances, Commandant 5th IRBn Bassi, issued an order, discharging the petitioner from service on 25.08.2010 [Annexure A-8], as a Constable under Rule 12.21 of the PPR/HPPR with immediate effect.

After  being  discharged  from  the  service on 25.08.2010 [Annexure A-8], the petitioner submitted an appeal to the Director General of Police on 29.11.2014 [Annexure A-9]. Since no action was taken on the said appeal, the petitioner was constrained to file a Civil Writ Petition No.320 of 2015, before this Court which was decided on 07.01.2015 [Annexure A- 10], directing the Competent Authority to decide the representation/appeal within six weeks. It is further averred that in compliance to the orders dated 07.01