PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Surinder Pal – Appellant
Versus
Haryana State – Respondent
JUDGMENT :
Namit Kumar, J.
Having failed before the learned Courts below by recording concurrent findings, the plaintiff/appellant has preferred instant regular second appeal, impugning the judgments and decrees dated 20.03.1998 and 16.11.1999 passed by the trial Court and Lower Appellate Court. Parties to the lis hereinafter shall be referred to by their original position in the suit.2. The plaintiff/appellant filed a suit for declaration to the effect that order of dismissal dated 13.12.1991, passed by the Superintendent of Police, Hisar and appellate order dated 17.10.1992, passed by the Deputy Inspector General of Police, Hisar Range, Hisar, and revisional order dated 21.02.1993, passed by the Director General of Police, Haryana, are bad in law and are liable to be set-aside. The plaintiff/appellant had joined as Constable in the office of Superintendent of Police, Hisar and remained absent from 25.12.1989 to 28.12.1989 and then from 22.01.1990 to 27.03.1991, and was proceeded departmentally and after holding departmental enquiry, he was dismissed from service vide order dated 13.12.1991, passed by the Superintendent of Police, Hisar. Aggrieved against the said order, he preferre
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....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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.
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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