Back
NAMIT KUMAR
Punjab State – Appellant
Versus
Amar Chand – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The instant regular second appeal has been filed by the appellants/defendants impugning the judgment and decree dated 15.02.1993 passed by learned Sub Judge IIIrd Class, Jalandhar, whereby a suit for declaration filed by the respondent/plaintiff was decreed and the judgment and decree dated 25.04.1995, passed by learned Additional District Judge, Jalandhar, whereby an appeal preferred by the appellants/defendants against the judgment and decree dated 15.02.1993, was dismissed. Parties to the lis are hereinafter shall be referred to by their original position in the suit.
2. Brief facts of the case are that the plaintiff filed a suit for declaration alleging that he joined the Punjab Armed Police, Jalandhar Cantt as Constable on 12.12.1962 and promoted as Head Constable on 22.08.1978. In the month of January, 1988 he was posted as Incharge of Security Guard in the Golf Ground in the P.A.P. Lines. On 29.01.1988, a departmental enquiry was ordered to be conducted against him on the allegations that on 27.01.1988, when Sh. Raj Kumar, Superintendent of Police, Commandant 80th Battalion P.A.P. and Sh. I.M. Mal, Superintendent of Police, Training, P.A.P.
Forfeiture of approved service with permanent effect is impermissible under Punjab Police Rules as it is not provided therein.
Forfeiture of approved service is invalid if absence is treated as leave without pay, violating natural justice principles.
The court upheld the dismissal of the plaintiff as valid due to the lack of a timely appeal and the nature of the allegations against him, affirming the importance of adhering to statutory limitation....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
