IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1961 of 2008 Date of Decision: 11.2.2008 Ex-Constable Ramesh Kumar Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri Sat Narain Yadav, Advocate for the petitioner Jasbir Singh, J. (Oral) The petitioner was working as Constable in the Police department of the State of Haryana. He proceeded on earned leave for a period of 40 days on 15.6.2005. He was to report back on duty on 27.3.2005. He failed to do so. Absence report was recorded against him. Later on, he joined on 20.3.2006, after remaining absent for a period of 238 days. Departmental enquiry was instituted against him, he was found guilty and after issuance of show cause notice and supplying him copy of the enquiry report and on finding that explanation given by him was not justified, he was ordered to be dismissed from service on 17.7.2006. He went in appeal, which was dismissed vide order dated 14.2.2007. He also lost in revision on 4.1.2008. Hence, this writ petition. It is apparent from the records and not disputed before us that after availing earned leave for 40 days, the petitioner failed to intimate the department and also failed to move any application for getting his leave Civil Writ Petition No.1961 of 2008 period extended. Without doing any act on his part, he remained absent for a period of 238 days. Before the enquiry officer, it was his plea that he was looking after his ailing father. If that was so, the petitioner could have applied for leave by stating that reason. It is also an admitted fact that his father had died, after many months, when he re-joined the service on 20.3.2006. During that period, who looked after his father, the petitioner has failed to state and explain anything in that regard. Even before the enquiry officer, nothing was shown that his father was ill. The petitioner belongs to a disciplined force and to remain absent without any leave, is a serious mis-conduct, which can entail dismissal from service. In view of gross mis-conduct shown by the petitioner, his service of 14 years is not to be taken note of for grant of pensionary benefits. Dismissed. (Jasbir Singh) Judge February 11, 2008 (Jaswant Singh) gk Judge 2