LPA No. 945 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 945 of 2011 (O&M) Date of decision 11.8.2011 Lakhwinder Kaur and another . Appellants Versus State of Punjab and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajender Goyal, Advocate for the appellants 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against judgement dated 8.2.2010 rendered by the learned Single Judge holding that husband of appellant no.1 and father of appellant no.2 has been repeatedly held guilty of remaining absent from duties and/ or under the influence of liquor while on duty. He was dismissed from service on an earlier occasion also but the appellate authority took lenient view although some other major penalty was imposed upon him. Out of 27 years of total service 22 ½ years service rendered by him stood forfeited as a result of one or other punitive action. He was incorrigible and habitual in taking liquor and/ or absenting from duty. The learned Single Judge has rightly held that being a member of the disciplined force he could ill- afford any kind of in-discipline. Accordingly, the learned Single Judge held that imposition of punishment of dismissal by the disciplinary authority is not dis-proportionate to the nature of mis-conduct. LPA No. 945 of 2011 2 2. Having heard the learned counsel we are of the considered view that drinking while on duty and then remaining absent from duty are serious mis-conduct particularly in the police force. By no stretch of imagination such act could be condoned moreso, in the case of present nature where husband of appellant no.1 has been repeatedly held guilty of such mis- conduct and his whole service of 22 ½ years has been forfeited out of 27 years service. In support of the proposition that absence from duty constitutes a serious misconduct reliance can be safely placed on the judgement of the Constitution Bench rendered in the case of Jai Shankar v. State of Rajasthan AIR 1966 SC 492. We find no merit in the appeal and the same does not merit admission. Dismissed. (M.M.Kumar) Judge (Gurdev Singh) 11.8.2011 Judge okg