STATE OF PUNJAB ETC. vs BALWINDER SINGH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(P&H) 1592

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
STATE OF PUNJAB ETC. – Appellant
Versus
BALWINDER SINGH – Respondent

JUDGMENT :

NAMIT KUMAR, J.

1. The appellants-State have filed the instant Regular Second Appeal challenging the judgment and decree dated 19.11.1999, passed by the learned Additional District Judge, Gurdaspur, whereby the appeal filed by the State against the judgment and decree dated 08.04.1997, passed by the learned Civil Judge (Junior Division), Gurdaspur, in favour of the plaintiff-respondent, was dismissed.

2. The parties to the lis hereinafter shall be referred to as per their original position before the learned Trial Court.

3. Briefly stated, the facts of the case are that the respondent- plaintiff was enrolled as Constable on 09.08.1989 in the Punjab Police on a permanent post. He absented himself from duty without any leave or permission on 10.05.1993 and returned back on 12.05.1993 and thereafter, he again remained absent from duty from 09.06.1993 to 29.07.1993 i.e. for a period of 01 month, 22 days, 10 hours and 45 minutes, while posted at Police Station City, Pathankot. A charge-sheet was issued to the respondent-plaintiff; however, he did not participate in the enquiry proceedings and was proceeded against ex-parte. Upon completion of the enquiry, the charges against the