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JAGMOHAN BANSAL
Dharamvir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through the instant petition under Articles 226 of the Constitution of India is seeking setting aside of order dated 02.06.2017 (Annexure P-2) whereby petitioner has been dismissed from service.
2. The petitioner on 29.06.2015 joined Punjab Police as Constable. During training period, the petitioner was sent to District Batala. The petitioner was found absent on 06.09.2016 and this fact was noted in roznamcha at Police Lines, Barnala. The absence of petitioner was further noted vide Rapat No. 32 dated 17.09.2016 of P.R.T.C., Jahan Khela. Due to continuous absence from duty, the petitioner could not complete his training. The petitioner was issued charge-sheet. He was issued notice thrice for appearance, however, he did not join proceedings and an ex-parte order came to be passed. The petitioner on account of absence from duty from 06.09.2016 to 02.06.2017 (270 days) came to be dismissed vide order dated 02.06.2017 passed by SSP, Sangrur. The petitioner preferred appeal which came to be dismissed vide order dated 20.09.2018 passed by DIG, Patiala Range, Punjab. The petitioner further preferred representation before Government which c
The court affirmed that its jurisdiction in disciplinary matters is limited, focusing on procedural adherence and not reappraising evidence unless the punishment is grossly disproportionate.
The High Court's review in disciplinary matters is constrained to procedural correctness and does not extend to re-evaluating evidence or punishment unless grossly disproportionate.
The court upheld the dismissal of the petitioner for habitual absenteeism, affirming that judicial review does not permit re-evaluation of evidence or findings of the disciplinary authority.
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