CWP No.3341 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3341 of 2010 Date of Decision: 24.02.2010 **** Salwinder Kumar . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Vishal Aggarwal, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner is an Ex-Constable of the Punjab Police, who has been dismissed from service vide the impugned order dated 27.10.2005 (Annexure P5) on the ground of his absence from duty. His appeal/revision/mercy petitions have also been dismissed by the concerned authorities. While dismissing the petitioner from service, the disciplinary authority has taken into consideration his past service record which does suggest that he was found absent from duty on more than one occasions. (2). Learned counsel for the petitioner, however, submits that the family circumstances of the CWP No.3341 of 2010.doc - 2 – petitioner were such that he, as a member of the Disciplinary Force, could not serve the Department diligently. Highlighting the mitigating circumstances, it is passionately urged that given one opportunity, the petitioner would mend his ways and try to serve upto the expectations of the officer(s). (3). In my considered view, the mitigating circumstances, if any, or showing mercy with a view to give another opportunity to the petitioner to serve the Department, are the considerations which exclusively fall within the domain of the departmental authorities. (4). As prayed for by learned counsel for the petitioner, the writ petition is dismissed as withdrawn with liberty to the petitioner to submit another mercy petition before the Director General of Police, Punjab explaining the hardship and/or the mitigating circumstances so as to arouse and gain sympathy of the competent authority to reconsider its previous decision. (5). If any such mercy petition is submitted by the petitioner, the competent authority may consider and dispose of the same in accordance with law. (6). Ordered accordingly. CWP No.3341 of 2010.doc - 3 – (7). Dasti . (SURYA KANT) JUDGE 24.02.2010 vishal shonkar