IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURINDER KUMAR – 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 Annexure P-24 whereby a Committee of Officers has rejected his claim for counting dismissal period in the length of service.
2. The petitioner joined Punjab Police as Constable on 20.05.1970. He remained absent from duty during 06.08.1980 to 11.08.1980 as well as 19.08.1980 to 01.09.1980. The respondent initiated departmental inquiry wherein he was found guilty of absence from duty. The Disciplinary Authority vide order dated 01.04.1980 dismissed him from service. He filed civil suit which was decreed vide judgment dated 19.03.1983 passed by learned Sub Judge, Ist Class, Patiala. The State further filed RSA No.3336 of 1985 assailing judgment of Lower Courts. This court vide order dated 20.08.1986 allowed aforesaid RSA. He filed CWP No.8747 of 1988 before this Court which was dismissed vide order dated 30.04.1988. He again preferred CWP No.18656 of 1991 before this Court which was dismissed in view of dismissal of earlier writ petition. He filed third CWP No.5909 of 1998 which was disposed of by Lok Adalat vide order dated 10.12.1999
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative 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.
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....
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