IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:13.10.2025 Darshan Singh ….Petitioner vs.

State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: Ms. Parveen Dharwal, Advocate for Mr. Gunjan Mehta, Advocate for the petitioner Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana ***

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:

1. Order dated 29.06.2006 (Annexure P-2) whereby he was dismissed from service;

2. Order 24.10.2006 (Annexure P-4) whereby his appeal was dismissed; and

3. Order dated 11.08.2011 (Annexure P-6) whereby his revision was dismissed.

2. The petitioner joined Haryana Police Force as Constable on 05.12.1988. He was relieved from Police Lines, Kaithal on 28.04.2005 to join at Police Station Guhla Chika. On account of illness, he could not join within stipulated period and reported back for duty on 20.01.2006. He was issued notice for absence from duty. The respondent conducted regular departmental inquiry. He was found guilty in the departmental inquiry. He was issued show cause notice proposing punishment of dismissal from service. He was dismissed from service vide order dated 29.06.2006. He preferred appeal before Inspector General of Police, Ambala Range which was rejected vide order dated 24.10.2006. He filed revision before Director General of Police which came to be dismissed vide order dated 11.08.2011. He preferred mercy petition before State Government vide Diary No.3865 dated 03.05.2013. He was called for personal hearing to be held on 07.01.2014. He appeared for hearing but no hearing was conducted. He preferred CWP-7180-2016 before this Court which was disposed of vide order dated 26.04.2022 with a direction to respondent to decide his mercy petition within two months. The respondent vide order dated 13.06.2023 dismissed his mercy petition.

3. Learned counsel for the petitioner submits that petitioner had 18 years’ service to his credit still was dismissed from service on the ground of absence from duty. The punishment awarded was harsh. The respondent did not consider length of service as well as petitioner’s entitlement to pension. The absence from duty does not fall within expression ‘gravest act of misconduct’.

4. I have heard learned counsel for the parties and perused the record with their able assistance.

5. From the perusal of impugned order, it is evident that petitioner was a habitual absentee and was subjected to punishment on multiple occasions. His past record was duly considered by authorities. Relevant extracts of impugned order disclosing his past record are reproduced as below:-

“1. In the year 1990, he was awarded punishment of 15 days drill for remaining absent from a period of 11 days 9 Hours, 13 minutes and the period of absence was treated as leave period.

2. During the year 1994, he was awarded punishment of 'stoppage of 3 future annual increments with permanent effect' for remaining absent from duty from 29.07.1993 to 02.09.1993 (34 days, 11 hours 30 minutes). However, the said punishment was reduced to 'stoppage of 01 annual increment with temporary effect' in the appeal filed by the petitioner vide order dated 17.11.2000 passed by the appellate authority.

3. During the was awarded 1994, he year punishment of 'stoppage of 01 increment with permanent effect' for remaining absent on04.05.1994 from attending tear smoke course at PTC Madhuban.

4. During the year 1996 he remained absent from 27.11.1996 to 22.12.1996 and the period of 20 days was treated as leave without pay.

5. was awarded During the year 2005, he punishment of 'stoppage of 04 annual increment with permanent effect' for remaining absent from duty for a period of 104 days, 20 hours 05 minutes.

6. During the year 2006, he was dismissed from service vide impugned order dated 29.06.2006 for remaining absent from duty for a total period of 266 days without any leave or prior