IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPINDER SINGH NALWA
Dharam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
DEEPINDER SINGH NALWA, J.
1. In the present writ petition, the petitioner has challenged the order dated 12.06.2015 (Annexure P-5) passed by respondent No.5, vide which, the petitioner has been dismissed from service. Challenge is also made to the subsequent orders passed by the higher authorities, vide which, the abovesaid order of dismissal dated 12.06.2015 (Annexure P-5) has been upheld.
2. Brief facts of the case are that the petitioner joined Police Department as Constable in the year 1989. It transpires that while the petitioner was posted in District Khanna, he remained absent from duty for 159 days, 23 hours and 10 minutes for the period from 21.08.2013 to 28.01.2014. In view of the abovesaid absence, charge-sheet was issued to the petitioner. The petitioner duly filed reply to the charge-sheet. The contention raised by the petitioner in the reply filed to the charge-sheet was not found to be creditworthy and as a consequence of this, departmental proceedings were initiated against the petitioner. The enquiry officer held the charges proved against the petitioner. The punishing authority agreed with the findings of the enquiry officer and passed an order dated 12.06
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.
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