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JAGMOHAN BANSAL
Manpreet Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of;
2. Balbir Singh-husband of the petitioner joined Punjab Police on 17.02.1988 as Constable. An FIR No.14 dated 06.02.2007 under Section 336, 188 of Indian Penal Code and Section 25 of Arms Act at Police Station Jhuneer, District Mansa was registered against the husband of the petitioner. The said FIR was registered on account of political rivalry. These circumstances led the said employee to remain absent from duty. The said employee remained absent from duty from 04.07.2009 to 04.02.2010. On account of absence from duty for 215 days, the respondent-department initiated an inquiry against him. The Inquiry Officer in its report found him guilty of absence from duty. The Senior Superintendent of Police, Mansa vide order dated 27.04.2010 (Annexure P-4) ordered to di
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
The central legal point established in the judgment is the mandatory nature of dismissal of a police officer upon conviction and imprisonment, as prescribed in Rule 16.2(2) of the 1934 Rules.
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....
Termination – If past conduct of an employee is basis for imposing punishment, department is obliged to disclose that his past record will also be taken into consideration while inflicting punishment....
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