IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 08.04.2026 Date of Pronouncement:27.04.2026 Uploaded on: 27.04.2026 Gurbir Singh ...Petitioner Versus State of Punjab and others ...Respondents *****

CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA *****

Present: Mr. Lajwant Singh Virk, Advocate for the petitioner.

Mr. Rohit Ahuja, DAG, Punjab.

DEEPINDER SINGH NALWA, J. (Oral)

1. In the present writ petition, the petitioner has challenged the order dated 17.12.2015 (Annexure P-6), passed by Commandant Forth, IRB, Jalandhar (camp at Kapurthala) vide which petitioner has been dismissed from service. The petitioner has also challenged the subsequent orders passed by the Higher Authorities, vide which the aforesaid order of dismissal dated 17.12.2015 (Annexure P-6) has been upheld.

2. The brief facts of the case are that the petitioner was appointed as a Constable on 10.12.2002 in the Police Department under the sports category, being an international-level wrestler. First Information Report (for short ‘FIR’) No.108 dated 10.08.2012 was registered against the petitioner under Sections 498-A and 328 of the Indian Penal Code, 1860 at Police Station Lambi, District Sri Muktsar Sahib. The elder brother of the petitioner expired on 07.06.2014 (Annexure P-2). It transpires that the petitioner was acquitted in the said FIR No.108, vide judgment dated 08.06.2015 (Annexure P-3) passed by Additional Sessions Judge, Sri Muktsar Sahib. According to the petitioner, due to the registration of the said FIR and the demise of his elder brother, he went into depression and, consequently, could not attend his duties. The petitioner remained absent from duty w.e.f. 08.06.2015 to 02.09.2015 without obtaining prior sanction of leave. A charge-sheet was issued to the petitioner on account of unauthorized absence from duty commencing from 08.06.2015. The petitioner duly submitted his reply to the charge-sheet; however, the same was not found to be satisfactory. Consequently, a departmental enquiry was initiated. The petitioner duly participated in the enquiry proceedings. Enquiry Officer submitted the enquiry report. In the enquiry report (Annexure P-5), the charge of unauthorized absence stood proved. The punishing authority accepted the findings of the Enquiry Officer and vide order dated 17.12.2015 (Annexure P-6) passed by Commandant Forth, IRB, Jalandhar (camp at Kapurthala), the petitioner was dismissed from service. Aggrieved against the abovementioned order, the petitioner preferred an appeal, which was rejected vide order dated 01.07.2016 (Annexure P-7). Thereafter, a revision petition was filed by the petitioner against the abovementioned order dated 01.07.2016 (Annexure P-7), which was also dismissed vide order dated 13.10.2016 (Annexure P-8). The petitioner filed a petition before the Additional Director General of Police, Armed Battalion, Punjab, against the dismissal order dated 17.12.2015 (Annexure P-6) which was also dismissed on 09.02.2017 (Annexure P-9) on the ground of maintainability. The petitioner thereafter filed a petition before the Director General of Police against the order of dismissal dated 17.12.2015 (Annexure P-6), but the same was also dismissed vide order dated 01.12.2017 (Annexure P-10). Aggrieved against the order dated 17.12.2015 (Annexure P-6) vide which the petitioner was dismissed from service and the subsequent orders passed by the Higher Authorities, whereby the abovesaid order of dismissal dated 17.12.2015 (Annexure P-6) has been upheld, the petitioner has filed the present writ petition challenging the said orders.

3. Learned counsel appearing for the petitioner submits that due to the registration of the FIR by his wife in which he was ultimately acquitted and the death of his brother, the petitioner suffered from depression and was unable to report for duty. He submits that his absence was neither willful nor deliberate but was beyond his control. He further submits that the impugned order of dismi