CWP No.15741 of 1990 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.15741 of 1990 Date of Decision: 28.04.2010 Ex-Constable Nachhattar Singh ...Petitioner Versus State of Punjab and others .....Respondents 1.Whether Reporter of local papers may be allowed to see the judgment- Yes/No. 2.To be referred to the Reporters or not- Yes/No. 3.Whether judgment should be reported in the digest-Yes/No. Coram: Hon'ble Mr. Justice Alok Singh Present: Mr. Shailender Sharma, Advocate for the petitioner. None for the respondents. Mr. Alok Singh, J. (Oral) 1. Heard. 2. By way of present writ petition petitioner is assailing order dated 13.06.1990 Annexure P-1 and order dated 3.9.1990 Annexure P-2 thereby dismissing the petitioner from the police service on the ground of the continuous absence from duty without any leave and further dismissing his departmental appeal. 2. Brief facts of the present case are that petitioner who was posted as Constable in Battalion Punjab PAP Jalandhar Cantt remained absent from duties without any leave w.e.f. 6.10.1989. Departmental inquiry was held against the petitioner and petitioner was found guilty for remaining absent from duty without any sanctioned leave. After the departmental inquiry report was submitted against the petitioner. On the report of the inquiry officer Commandant 27 Battalion PAP CWP No.15741 of 1990 2 Jalandhar, Cantt. Summoned the petitioner on 7.5.1990 for the purpose why period for his absence be not treated as leave without pay. Despite of summoning the petitioner and despite of serving notice on the known address of the petitioner did not respond. Ultimately dismissal order was passed by the impugned order dated 13.6.1990. Thereafter departmental appeal filed by the petitioner was also dismissed vide order dated 3.9.1990. 3. I have heard learned counsel for the petitioner and perused the record. 4. Learned counsel for the petitioner submitted that instead of passing the dismissal order his absence from duties should be treated as leave without pay and petitioner should be reinstated and should be allowed to seek premature retirement enabling him to get the post retirement benefits. 5. Record reveals that petitioner did not participate in the departmental inquiry despite of notice. Not only this Commandant personally summoned the petitioner for the purpose why his absence without any sanctioned leave be not treated as leave without pay. Despite of this opportunity petitioner opted not to attend the office of the Commandant for the same purpose. Not only this record further reveals that thereafter registered notice was sent to the petitioner to his known address. Again notice was sent to the petitioner through SI Ajit Singh as a special messenger to his native village. Notice through special messenger was not received by the petitioner. However, same was pasted at his house and one copy thereafter was given to Harbhajan Singh brother of Constable-petitioner. Despite of several opportunities being given, petitioner opted not to present himself either before inquiry officer or before Commandant. In view of the above I am not inclined to accept the argument advanced by the learned counsel for the petitioner. CWP No.15741 of 1990 3 6. Police force is a disciplined force and absence from duty without any leave is a serious misconduct for which no leniency can be shown to the petitioner. 7. Petition is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE 28.04.2010 sharmila