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NAMIT KUMAR
State of Punjab – Appellant
Versus
Ex. Constable Amarjit Singh – Respondent
JUDGMENT
Namit Kumar, J.
Instant Regular Second Appeal has been filed by the State of Punjab against the judgment and decree dated 24.07.1995, passed by the Court of learned Sub Judge III Class, Jalandhar, whereby suit filed by the respondent-plaintiff for declaration was decreed as well as against the judgment and decree dated 04.09.1999, passed by the Court of learned Additional District Judge, Jalandhar, whereby appeal filed by the State against the judgment and decree dated 24.07.1995, has been dismissed.
2. Parties to the lis hereinafter shall be referred to by their original position in the suit. In nutshell, the facts of the case emanating from the record are that plaintiff-Amarjit Singh filed a suit for declaration to the effect that the impugned order No.85-89 dated 27.04.1993, passed by the Comdt. 13th Bn PAF Jalandhar Cantt. whereby the plaintiff was dismissed from service and order dated 23.07.1993 passed by D.I.G. of Police (PAP) Jalandhar Cantt., dismissing the appeal of the plaintiff are illegal, void, capricious, arbitrary, unjust, unconstitutional, against the provisions of law & violative of the principles of natural justice and the plaintiff is entitled to re-insta
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....
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.
Unauthorized absence without evidence of willfulness cannot justify severe penalties like dismissal, reflecting a lack of proportionality in disciplinary actions.
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....
Habitual absenteeism in a disciplined force can justify the imposition of a major penalty like dismissal from service, and such penalty may not be considered disproportionate to the allegations.
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