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NAMIT KUMAR
State of Punjab – Appellant
Versus
Gian Singh – Respondent
JUDGMENT
Mr. Namit Kumar, J.
The instant appeal has been preferred by the State of Punjab impugning the judgment and decree dated 03.05.1993, whereby learned Additional District Judge, Gurdaspur, while dismissing the appeal filed by the appellants/State upheld the judgment and decree dated 29.04.1992 passed by learned Sub Judge II Class, Gurdaspur, whereby the suit filed by the respondent/plaintiff was decreed in his favour. Parties to the lis, hereinafter, shall be referred to by their original position in the suit.
2. The brief facts of the case are that the plaintiff-Gian Singh filed a suit for declaration to the effect that the impugned order dated 02.11.1987, passed by Senior Superintendent of Police, Gurdaspur (defendant No.2), whereby two years approved service of the plaintiff was forfeited along with forfeiture of pay and the impugned order passed by the Appellate Authority, whereby the appeal filed by the plaintiff against order dated 02.11.1987 was rejected by the Deputy Inspector General of Police, Jalandhar Range, Jalandhar Cantt. It was pleaded in the suit that the plaintiff was appointed in Punjab Police on permanent basis and while he was serving as Sub-Inspector in D
Forfeiture of approved service is invalid if absence is treated as leave without pay, violating natural justice principles.
Forfeiture of approved service with permanent effect is impermissible under Punjab Police Rules as it is not provided therein.
The inquiry officer's failure to adhere to procedural rules invalidated the punishment order, necessitating remand for a fresh inquiry rather than reinstatement.
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 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....
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