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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURMEET SINGH – Appellant
Versus
STATE OF PUNJAB AND ORS – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order whereby he was dismissed from service.
2. The petitioner joined Punjab Police as Constable on 20.04.1999. He remained absent from duty from 05.04.2008 to 28.06.2008 due to an accident. He was issued show cause notice dated 18.09.2008 on account of 84 days unauthorised absence from duty. He was dismissed by respondent vide order dated 19.11.2008. Period from 20.06.2008 to 21.08.2008 was treated as suspension period. He preferred a spate of appeals before Authorities. Administrative Secretary, Government of Punjab dismissed his appeal for reinstatement on 29.02.2024.
3. Learned counsel for the petitioner submits that the petitioner was involved in an accident due to which he was admitted in Civil Hospital Sangrur, Patiala. He was unconscious and suffered fractures. The departmental inquiry was initiated without considering the facts and circumstances of the petitioner.
4. Learned State counsel submits that petitioner was dismissed vide order dated 12.05.2004 on account of remaining absent from duty for 64 days. DIGP, Security, Pun
Inordinate delay in approaching a Writ Court can be a relevant factor for the exercise of equitable jurisdiction.
The court affirmed that its jurisdiction in disciplinary matters is limited, focusing on procedural adherence and not reappraising evidence unless the punishment is grossly disproportionate.
Delay and laches bar the petitioner's claim for reinstatement after a 21-year delay.
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