C.M. No. 3888-C of 2011 in R.S.A No. 1384 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 3888-C of 2011 in R.S.A No. 1384 of 2011 (O&M) Date of decision:- 07.11.2011 Ex.Constable Kuldip Singh ...Appellant Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. L.S. Goraya, Advocate for the appellant RITU BAHRI J.(Oral) C.M. No. 3888-C of 2011 This is an application seeking condonation of delay of 498 days in filing the present appeal. On merits, the appellant filed a suit for declaration that the order dated 06.12.2004 passed by defendant No. 2 dismissing him from service is illegal, null and void and he is entitled to be reinstated along with all benefits. Plaintiff-appellant had joined the department as Constable on 12.02.1989. On 12.03.2003, he absented himself from duty and reported back on his duty on 03.05.2004 after remaining absent for a period of one year, one month, 20 days and 12 hours. He was issued a show cause notice on 15.11.2004 to which he chose not to give reply. Eventually, he was dismissed from service on 06.01.2004 by defendant No. 2. According to plaintiff, he was medically treated at Dashmesh Hospital Dhariwal from 12.03.2003 to 02.05.2004. Intimation to this regard was given to the department through UPCs and personally be relatives. According to the plaintiff, the punishing authority did not observe the procedure C.M. No. 3888-C of 2011 in R.S.A No. 1384 of 2011 (O&M) -2- envisaged under Clause IX of Rule 16.24 of Punjab Police Rules (for short 'the Rules'). He has further stated that the punishing authority did not consider the totality of circumstances of his illness and the plaintiff had put more than 15 ½ years of service and the said order was passed in violation of Rule 16.2 of the Rules and no specific finding of gravest misconduct was recorded. On notice, the defendants took the stand that the plaintiff had remained willfully absent without any permission for the period of one year, one month, 20 days, 1 hours and 55 minutes, which amounts to grave act of misconduct. The regular departmental enquiry under Rule16.24 of the Rules was conducted and the plaintiff was found guilty of misconduct. The plaintiff had remained absent from duty as per details given in the reply:- The plaintiff remained absent on 08.05.1994 to 09.05.1994 for 1 day, 09.04.1995 to 09.04.1995 for 1 day, 24.6.1995 to 26.6.1995 for 2 days, 6.10.195 to 14.10.95 for 18 days, 19.3.96 to 20.03.96 for 1 day, 31.5.96 to 7.6.96 for 7 days, 3.7.96 to 5.7.96 for 3 days, 14.7.96 to 15.7.96 for 1 day, 20.7.96 to 21.7.96 for 1 day, 12.7.97 to 15.1.97 for 3 days, 14.4.97 to 24.4.97 for 10 days, 27.4.97 to 28.4.97 for 4 days, 15.5.97 to 27.6.97 for 43 days, 18.7.97 to 21.7.97 for 3 days, 11.12.97 to 19.1.98 for 38 days, 11.12.98 to 14.2.98 for 3 days, 19.2.98 to 21.02.98 for 3 days, 9.5.98 to 13.5.98 for 6 days, 20.5.98 to 1.12.98 for 6 months and 11 days, 13.12.98 to 16.12.98 for 3 days, 22.12.98 to 25.12.98 for 3 days, 27.12.98 to 11.1.99 for 15 days, 4.2.09 to 16.8.99 for 6 months and 12 days, 8.3.2000 to 17.7.2000 for 145 days, 5.6.2001 to 28.7.01 for 53 days, 13.8.01 to 20.8.01 for 7 days, 4.5.02 to 21.06.02 for 48 days, 10.07.02 to 8.08.02 for 29 days, 9.9.03 to 22.09.03 for 13 days. He was placed under suspension vide order dated 23.02.1991 for remaining absent C.M. No. 3888-C of 2011 in R.S.A No. 1384 of 2011 (O&M) -3- for 6 months, 10 days, 23 hours and 15 minutes. So, his four years service was forfeited with permanent effect vide order dated 25.10.1999. In another occasion, he was posted at Police Station, Dera Baba Nank and he remained absent from duty for total period of 38 days, 14 hours and 30 minutes. The said period was treated as Non-duty, non pay by taking lenient view in departmental enquiry. In the year 1998, he was served with a show cause notice dated 29.04.1998 for initiation of departmental enquiry. Again when he was posted at Police Lines, Batala, he remained absent for a period of 192 days, 23 hours and 5 minutes. A departmental enquiry was conducted and he was against served with a show cause notice dated 17.01.2000 but he did not file any reply and taking lenient view, his absence was treated as non duty, non pay with warning to mend his conduct. Again a departmental enquiry was ordered for remaining absent for period of 101 days, 21 hours and 15minutes when he was posted at Police Lines, Batala. In another case, when he was transferred from Police Lines, Batala to Police Station Civil Lines, Batala, he reported for his duty after remaining absent for a period of 5 months 20 days, 22 hours and 50 minutes without any leave or permission. He faced an enquiry as a consequence of being absent from duty. Thereafter, trial Court framed following issues:- 1. Whether the plaintiff is entitled to declaration that order No. 4003-09/Steno dated 6.12.04 passed by defendant No. 2 is illegal, null and void and the plaintiff is entitled to be reinstated in the service from the date of his dismissal along with interest and other benefits?OPP 2. Whether the present suit is not maintainable in the present form? C.M. No. 3888-C of 2011 in R.S.A No. 1384 of 2011 (O&M) -4- OPD 3. Whether the plaintiff has not come to the Court with clean hands and suppressed the true facts from the Court? OPD 4. Relief. On the basis of evidence led, the trial Court came to the conclusion that plaintiff was a habitual absentee and while placing reliance on the judgment upon 2002(3) SLR 148 (State of Punjab and others vs. Surjit Singh), came to the conclusion that absence of duty is gravest act of misconduct in police force. Thereafter, the order of dismissal was upheld by the lower appellate Court, vide order dated 24.07.2009. No substantial question of law arises for consideration by this Court as per Section 100 of the CPC. Accordingly, the application is dismissed. R.S.A No. 1384 of 2011 Resultantly, the present Regular second appeal also stands dismissed. November 07, 2011 ( RITU BAHRI ) G.Arora JUDGE