LPA No. 1688 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1688 of 2010 (O&M) Date of Decision 19.01.2011 Madan Lal -----Appellant Versus State of Punjab and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. H.S. Sirohi, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The appellant has impugned the view taken by the learned Single Judge vide judgment dated 07.04.2010, while dismissing the writ petition filed under Article 226 of the Constitution. The appellant was Constable in Punjab Police and was appointed as such on 04.12.1989. He was dismissed from service on 22.04.2004 after holding a regular departmental enquiry proving his absence and stay in Italy. It was found that he had deserted the service and had gone to Italy where his other family members have been living. Despite various communications sent at his address asking him to report for duty, he failed to join. His wife intimated on 03.02.2004 to the respondents in writing that the appellant had gone to Italy to meet his mother and he had fallen ill. It has remained undisputed LPA No. 1688 of 2010 (O&M) -2- that he did not inform either the authorities nor he got Ex-India leave sanctioned. Consequently, he was charge-sheeted on 28.10.2004 and then Enquiry Officer sent him a registered letter to join the enquiry proceedings, which he did not join. Eventually, the appellant was found guilty of absenting himself from duty by the Enquiry Officer and thereafter a show cause notice with a copy of the enquiry report was sent to him on 22.06.2006. The wife of the appellant again intimated that the appellant was still in Italy. Thereafter, a public notice was got published in all the leading newspaper including “The Times of India” and Punjabi Daily “Desh Sewak” on 14.09.2006, calling upon the appellant to submit his reply, if any, within a period of 10 days. 2. Having received no response, the appellant was dismissed from service on 17.11.2006 by an order passed by the Deputy Inspector General of Police, Punjab. However, he came back to India on 13.11.2008 and filed a departmental appeal, which has also been rejected vide order dated 20.11.2009 (P-4). Thereafter, he approached this Court and his writ petition has also been dismissed. 3. Having heard learned counsel for the appellant, we are of the considered view that the appellant had taken upon himself the task of absenting from duty unauthorisedly without obtaining sanctioned leave and more seriously left to visit abroad. The department had written letters and had issued instructions through the press for the appellant to join back but he continued to remain LPA No. 1688 of 2010 (O&M) -3- absent. As a consequence, dismissal order was passed on 20.11.2009 (P-4). He was admittedly a member of disciplined force and the gross indiscipline demonstrated by the appellant cannot meet the approval of the Courts. It is well settled that absence from duty without sanctioned leave or overstaying period of sanctioned leave is a serious misconduct as has been held by Hon'ble the Supreme Court in the case of Jai Shanker v. State of Rajasthan AIR 1966 SC 492. The respondent-department has held an enquiry wherein the appellant has been found guilty of unauthorised absence from duty. Even a show cause notice was given to which no reply was filed. There is, thus, no merit in the appeal. 4. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE January 19, 2011 Atul