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JAISHREE THAKUR
Constable Om Parkash – Appellant
Versus
Director General of Police, Haryana – Respondent
JUDGMENT
Jaishree Thakur, J. - The petitioner is aggrieved against the impugned order of dismissal dated 28.05.1997 as passed by the Superintendent of Police, Bhiwani, and orders dated 13.10.1999 and 30.6.2000, whereby the authorities in appeal and revision upheld the order of dismissal.
2. The facts are that the petitioner was appointed as Constable in District Rohtak in the year 1989. The petitioner was then deputed as gunmen in the office of ADC to Governor of Haryana at Raj Bjawan Chandigarh. The petitioner claimed House Rent allowance, but a complaint was filed against the petitioner by his brother-in-law regarding demand of dowry and maltreatment of his wife, sister of the complainant. The petitioner was to appear before the Superintendent of Police, Bhiwani as an inquiry was ordered. The petitioner was to report before the office of Superintendent of Police, Bhiwani on 12.11.1996 but when he appeared, he was told to come back again on 17.11.1996. On the said date, the Superintendent of Police, Bhiwani, was busy on account of an inquiry in an air crash and as such the petitioner was directed to go back to the Raj Bhawan at Chandigarh and report on duty. The petitioner reported
Proper procedure in holding the inquiry, sufficiency of notices served, and the petitioner's entitlement to pension based on years of service.
Wilful absence from duty over a prolonged period by a member of a disciplined force constitutes continued misconduct, justifying dismissal.
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
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 himse....
Absence from duty for 44 days without leave constitutes gravest misconduct justifying dismissal in a disciplined force, and procedural claims of unfair treatment were insufficient to overturn the dis....
The main legal point established is that absence from duty for more than 3 months by a member of a disciplined force constitutes grave misconduct, and any act subversive of discipline would be consid....
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