RSA No.843 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.843 of 2008 Date of Decision: 12.11.2008 Ex.Const.Madan Lal .....Appellant Vs. State of Punjab and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Arun Abrol, Advocae for the appellant. .... RAJIVE BHALLA, J (Oral) The appellant challenges the judgements and decrees dated 14.9.2005 and 11.8.2007, passed by the Civil Judge (Senior Division), Gurdaspur and the Additional District Judge (Adhoc) cum Presiding Officer, Fast Track Court, Gurdaspur, dismissing the suit and the appeal respectively. The appellant, while serving a Constable with the Punjab Police was served with a charge sheet for absence from duty for 12 months and 18 days. After conclusion of the enquiry, he was served with a show cause notice proposing to impose a major penalty. The punishing authority after considering the reply filed by the appellant, directed his dismissal from service. Aggrieved by the said order, the appellant filed a suit, challenging the legality of the departmental proceedings, as also the order of RSA No.843 of 2008 2 his dismissal from service. The learned trial Court after considering the matter in its entirety, dismissed the suit. The first appellate Court, dismissed the appeal and affirmed the findings returned by the trial Court. Counsel for the appellant submits that the appellant has served the police force for a period of 10 years. As a result before proceeding to dismiss him from service, his length of service was required to be taken into consideration in accordance with the provisions of Rule 16.2(1) of the Punjab Police Rules, 1934. It is submitted that on account of his dismissal, the appellant has lost his service and his right to receive pension. I have heard learned counsel for the appellant and perused the impugned judgements and decrees. The concurrent findings of fact recorded by the Courts below do not require interference. The appellant admittedly remained absent from duty for a period of 12 months and 18 days. This apart, the appellant did not appear before the Enquiry Officer to contest these allegations. Even otherwise, the appellant remained absent from duty on earlier occasions, for which he was awarded punishments. In view of the repeated offences by the appellant, his length of service would not confer any right to urge that the order of dismissal violates the principles of Rule 16.2(1) of the Punjab Police Rules 1934. As no question of law, much less a substantial question of law arises for consideration, the appeal is dismissed. 12.11.2008 (RAJIVE BHALLA) GS JUDGE