IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2253 of 2010 Date of Decision : February 15, 2010. Swaran Kumar .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Satish Grover, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) The petitioner was a Constable in Punjab Police. He was deputed to Fire Fighting course at In-Service Training Centre, Kapurthala where he was found absent from duty on 2.10.2001. A notice was immediately sent to him through the Army Clerk but despite receiving the same, the petitioner did not join the duties. A charge-sheet was then served upon him, followed by the departmental enquiry. One Mr.Baldev Singh, Inspector (RI) was appointed as Enquiry Officer on 9.1.2002. The petitioner did not appear in the enquiry proceedings nor he received the repeated notices sent to him by the Enquiry Officer. Finally, the notice was delivered to his wife in the presence of a Panchayat member when his wife C.W.P.No .2253 of 2010 2 took the responsibility in writing to ensure the presence of her husband before the Enquiry Officer. The petitioner still did not turn up. However, the Enquiry Officer held the enquiry ex-parte and held the petitioner guilty of absenting from duty. A copy of the enquiry report was also sent to the petitioner alongwith the notice No.18/RI dated 16.2.2002 through a special messenger, which was duly received by the petitioner. He filed a reply and on its consideration, the Commandant 27 Battalion, PAP, Jalandhar Cantt dismissed him from the services vide order dated 24.4.2002 (Annexure P-4). It may be noticed here that the petitioner continuously remained absent from duty w.e.f. 2.10.2001 onwards till the dismissal order was passed. The petitioner thereafter preferred an appeal which was also turned down by the Appellate Authority vide order dated 1.7.2004 (Annexure P-2). It appears that the petitioner thereafter sat at home for years and then suddenly filed Civil Writ Petition No.7010 of 2009 before this Court which was dismissed as withdrawn with liberty to file a fresh petition, vide order dated 8.7.2009. The present writ petition has been filed thereafter. Notwithstanding the inordinate and unexplained delay in approaching the Writ Court, I have heard learned counsel for the petitioner at some length and perused the impugned orders. In my considered view, the conduct of the petitioner in absenting from training course and thereafter rendering no explanation C.W.P.No .2253 of 2010 3 whatsoever before the Enquiry Officer or the authorities, is a grave misconduct by a member of disciplined force and assuage no leniency from this Court in exercise of its discretionary jurisdiction under Article 226 of the Constitution. Dismissed. 15-02-2010 (SURYA KANT) Mohinder JUDGE