AI Overview...
Summary of Judgments and Rules Regarding Police Officer Absence in Punjab Police
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Absence from Duty and Disciplinary Action
Multiple sources highlight that prolonged unauthorized absence from duty is a serious misconduct under Punjab Police Rules, 1934, particularly Rule 16.2. Absence without intimation, especially over extended periods (e.g., 44 days, 215 days), often leads to dismissal or compulsory retirement. Courts have upheld dismissals where absence was deemed grave misconduct, emphasizing that such actions are within disciplinary rules State of Punjab VS Ex-Constable Jasbir Singh - Punjab and Haryana, Manjeet Kaur VS State of Punjab - Punjab and Haryana, 02300086193, Manpreet Kaur VS State of Punjab - Punjab and Haryana. -
Legal and Procedural Considerations
Courts stress the importance of considering the entire service record before dismissing an officer for absence (Rule 16.2). Dismissals must be based on the gravest acts of misconduct or cumulative misconduct, with proper procedural adherence. In some cases, dismissals for long absence have been challenged successfully when procedural lapses or disproportionate punishments were found State Of Haryana VS Chander Singh , Ex. Constable No. 620/Jind - Punjab and Haryana, Manjeet Kaur VS State of Punjab - Punjab and Haryana. -
Judicial Decisions on Long Absence
Several judgments have addressed cases where police officers were absent for long durations: - Dismissal upheld when absence was prolonged and without valid reason, considering the officer's entire service record.
- Courts have set aside dismissals when procedural irregularities or mitigating circumstances (e.g., political distress, personal issues) were established Lalmani Maurya, Murli Maurya VS Public Service Commission through its Secretary and Public Service Commission - Allahabad, State of Punjab VS Ex. Constable Amarjit Singh - Punjab and Haryana.
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Notably, courts have clarified that absence for even 44 days can constitute misconduct justifying dismissal, depending on circumstances State of Punjab VS Ex. Constable Amarjit Singh - Punjab and Haryana.
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Impact of Political or Personal Factors
Some cases mention that prolonged absence due to political rivalry or personal distress was considered, but disciplinary rules still primarily govern the outcome. Courts have emphasized that absence must be properly justified or accounted for to prevent wrongful dismissal Manpreet Kaur VS State of Punjab - Punjab and Haryana. -
References to Police Rules and Constitutional Provisions
The Punjab Police Rules, 1934, especially Rule 16.2, serve as the primary legal framework governing dismissals for absence. Constitutional provisions (Articles 14, 16, 226) also underpin the judicial scrutiny of disciplinary actions, ensuring fairness and reasonableness State of Gujarat VS Manjuben D/O. Kasturbhai Nanjibhai Kunvariya (Devipujak) - Crimes, Sanjay Baliram Dhamal VS State of Maharashtra - Bombay.
Analysis and Conclusion
There is no specific judicial judgment solely on absence of police officers for a long time in Punjab Police; however, the prevailing legal framework and case law establish that prolonged unauthorized absence can justify disciplinary action, including dismissal. Courts require that such disciplinary measures be based on the gravity of misconduct, proper procedural adherence, and consideration of the officer's entire service record. Dismissal for long absence is upheld when justified, but wrongful or disproportionate dismissals are subject to judicial review and may be set aside.
References:
- Punjab Police Rules, 1934, Rule 16.2
- Judicial cases: State of Punjab VS Ex-Constable Jasbir Singh - Punjab and Haryana, Manjeet Kaur VS State of Punjab - Punjab and Haryana, State Of Haryana VS Chander Singh , Ex. Constable No. 620/Jind - Punjab and Haryana, Lalmani Maurya, Murli Maurya VS Public Service Commission through its Secretary and Public Service Commission - Allahabad, State of Punjab VS Ex. Constable Amarjit Singh - Punjab and Haryana, Manpreet Kaur VS State of Punjab - Punjab and Haryana
- Indian Penal Code and constitutional provisions as applicable.
Search Results for "Police Service of Punjab any Judgment on Absence of Police Officer for Long Time"
• India - Crimes
J.B.PARDIWALA, A.C.RAO
(A) Indian Penal Code, 1860 – Sections 302 and 307 read with Section 84 – Gujarat Police Act, 1951 – Section 135 – Criminal Procedure ... and order of conviction and sentence susceptible to complaint that same is illegal and deserves to be quashed and set aside – Judgment ... had come on record – Trial court ignored or overlooked something very important and omission on part of trial court has rendered judgment ... State of Punjab, reported in 1986 Cri. ... Whenever any accused person is arrested and there is any history....
2011 0 Supreme(P&H) 1465 • India - Punjab and Haryana
MOHINDER PAL
A) Punjab Police Rules, 1934, R.16.2--Dismissal--Absence from duty, without information--Constable, absented himself from duty for ... (Para 8) ... (B) Punjab Police Rules, 1934, R.12.1--Dismissal--Appointing ... time without any intimation to his superior officers--Particularly, so when he was not suffering from some serious ailment or such ... It was further held that the Police service is a disciplined service a....
2024 0 Supreme(P&H) 884 • India - Punjab and Haryana
JAGMOHAN BANSAL
(A) Punjab Police Rules, 1934 - Rule 16.2 - Dismissal of police officer - Dismissal was ordered based on absence from duty, but the ... officer, who was dismissed for absence from duty after 19 years of service. ... ... ... Ratio Decidendi: The court ruled that dismissal for absence must consider the employee's entire service record and that the ... A conspectus of Rule 16.2 of 1934 Rules and perusal of afore-cit....
2008 0 Supreme(SC) 843 • India - Supreme Court
TARUN CHATTERJEE, DALVEER BHANDARI
the Punjab Police in - In July he was sent to Punjab to attend a departmental enquiry - Deputy Superintendent of Police relieved ... Punjab Police Rules, 1934 - Rule 12.21 - Constitution of India,1950 - Article 136 – Enrolment - Plaintiff ... report at his place of posting, but the respondent did not report at his place of posting, therefore Arising out of SLP - From Final Judgment ... In the aforesaid case, the Court dealt with the case of police co....
2017 0 Supreme(P&H) 2908 • India - Punjab and Haryana
MAHABIR SINGH SINDHU
Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2 – Dismissal – Compulsory Retirement – Conversion of Punishment – Punishment of dismissal ... Rules 16.2 (1) cannot be read over and above or in derogation of Rule 9.18 for converting the dismissal of a constable of Haryana Police ... converted into compulsory retirement keeping in view 16 years of service of petitioner – Impugned order set aside – Held; ... (2) The Inspector-General of Police may, with the previous approval of the State Government, compul....
2006 0 Supreme(All) 137 • India - Allahabad
S.RAFAT ALAM, SUDHIR AGARWAL
Public Service Commission Act, 1989, Punjab Police Rule 12.21, Service Jurisprudence, Relevant Service Rules, Constitution of India ... ] Fact of the Case: The appellant was engaged on a daily wage basis and his services were terminated after an assessment ... Balbir Singh JT2004 (7)SC 383 , 2004 (7)SCALE616 , (2004)11 SCC743 , 2005 (1)SLJ102 (SC), (2004)3 UPLBEC2868 the order of discharge mention the words unlikely to prove an efficient police officer#HL_E....
2010 Supreme(Online)(SC) 65 • India - Supreme Court of India
VIJAY BISHNOI, J
(A) Punjab Police Rules, 1934 - Rule 16.2(1) - Dismissal from service of Constable for unauthorized absence - Respondent was dismissed ... ... ... Result: Appeal allowed; High Court's judgment set aside. ... Court ruled absence as sufficient for dismissal per Rule 16.2(1). ... Rule 16.2 of the Punjab Police Rules reads as under:- “16.2 Dismissal. (1) Dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of....
2024 0 Supreme(P&H) 894 • India - Punjab and Haryana
JAGMOHAN BANSAL
to pension - The court emphasized the necessity of considering these factors as mandated by Rule 16.2 of Punjab Police Rules, 1934 ... Police after he was found guilty of prolonged absence from duty, which was attributed to political rivalry and personal distress ... of her husband, who was found guilty of absence from duty for 215 days, without considering his length of service and entitlement ... A conspectus of Rule 16.2 of 1934 Rules and perusal of afore-cited judgment#HL....
2024 0 Supreme(P&H) 913 • India - Punjab and Haryana
NAMIT KUMAR
(A) Constitution of India - Article 311(2) - Punjab Police Rules - Rule 16.2 - Dismissal from service - Suit for declaration against ... dismissal from service was decreed by lower courts - The court found that absence from duty for 44 days by a police constable constitutes ... (Paras 17) ... ... Facts of the case: ... The plaintiff, a police constable, was dismissed from service for willful ... The evidence recorded in the case was according to r....
2007 0 Supreme(Bom) 1546 • India - Bombay
S.B.MHASE, D.G.KARNIK
Constitution of India, 1950 - Articles 226, 14 and 16-Police Sub-Inspector (Recruitment) Rules, 1995, Rule 3-Declaration of post ... The State would make appropriate amendments in the Recruitment Rules and/or policy decisions in that regard. ... the opportunity of three attempts of selection through limited departmental examination contrary to the Recruitment Rules and the policy ... Administrative Services Officers’ Association v. Union of India, reported in (2000) 5 SCC 728, Jatinder Kumar v. State of....
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