CIVIL WRIT PETITION NO.13716 OF2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: SEPTEMBER 03, 2009 Krishan Lal .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr.Balkar Singh, Advocate, for the petitioner. **** RANJIT SINGH, J. The petitioner has impugned his dismissal from the service and also the order, whereby his appeal against the order of dismissal was rejected. The petitioner, who was working as a Constable in Haryana Police, has been dismissed after following due process on account of having remained absent from duty for 353 days. The petitioner has pleaded bipolar disorder to justify this absence while appearing before the department enquiry, which was ordered. In support, he had also examined some doctors. This plea CIVIL WRIT PETITION NO.13716 OF2009 :{ 2 }: of the petitioner was considered by the Punishing Authority at the time of passing the impugned order. The evidence led by the petitioner as well as by the prosecution considered and discussed in detail and the defence evidence was not believed after proper assessment. As per the record, the petitioner had remained absent from 26.10.2005 to 13.10.2006. The certificate issued by Dr.N.C.Mureja did not contain any details of the treatment which was given to the petitioner. It has rightly been observed that if the petitioner was really sick, some of his relative could have sent this information to the Department concerned to apply for leave. It can not be believed that the petitioner remained sick for such a prolonged period and did not think it fit to inform the Department. This plea of the petitioner, as such, has been rightly discarded. Even otherwise, the record of the petitioner would speak for itself. The petitioner was absent on various occasions and was punished as per the details given below:- “1. Admonish in the year 2001 for remaining absent from dated 16.4.2000 to 6.5.2000, Superintendent of Police, Ambala OB No.123/2001. 2. Admonish in the year 2001 for remaining absent from dated 26.2.2000 to 9.3.2000, Superintendent of Police, Ambala OB No.123/2001. 3. Stoppage of one annual increment temporarily vide order no.51909-13 dated 8.1.2004 S.P.Kurukshetra while posted at Jhansa Police Station, from 23.12.2003 to 21.1.2004. 4. Stoppage of five annual increment temporarily by S.P. CIVIL WRIT PETITION NO.13716 OF2009 :{ 3 }: Panchkula vide OB No.163/06 for remaining absent continuously in a departmental enquiry. The submission by counsel for the petitioner that his long service was not kept in view while ordering the dismissal, which was required to be done in terms of Rule 16.2 of the Punjab Police Rules, is also not made out. The impugned order would show that this aspect was considered by the Punishing Authority and it was specifically noticed that the petitioner would not be entitled to the benefit of pension. There is, thus, no cause made out for interfering in exercise of writ jurisdiction and the same is accordingly dismissed. September 03, 2009 ( RANJIT SINGH ) khurmi JUDGE