LPA No.26 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.26 of 2008 Date of Decision: 8.4.2008 Dr.Hardeep Singh,PCMS II ............. Appellant through Ms.Deipa Asdhir Dubey,Advocate. Versus State of Punjab and others. ..............Respondents. CORAM:HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR.JUSTICE JASWANT SINGH 1. Whether Reporters of Local Newspapers 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? . ***** Vijender Jain,Chief Justice The present Letters Patent Appeal has been filed against the judgment dated 14.11.2007 passed by the learned single Judge dismissing CWP No. 389 of 1989, in which challenge was laid to the order dated 2.9.1988 (Annexure P-9) whereby appellant-petitioner was dismissed from service. The appellant-petitioner, a permanent resident of Main Market, Talwara Township, District Hoshiarpur, was appointed as a Doctor in PCMS Class II, by respondent no.1 in the year 1967. He was posted at Canal Hospital, Talwara on 26.12.1967 under Chief Engineer, Beas Dam- LPA No.26 of 2008 2 respondent no.3 and served there uptil 31.8.1980. It is stated that vide order dated 29.8.1980, he was transferred / unilaterally repatriated by Chief Engineer, Beas Dam-respondent no.3 to report to Director Health Services, Punjab- respondent no.2, for duty and further posting. It is stated that the transfer orders were not served upon him and he was forcibly relieved from his place of posting at Talwara. He alleged that on account of attending to his ailing mother, he could not report for duty and sought grant and extension of leave and the same was illegally denied. He was issued a charge sheet for (i) wilful absence from duty w.e.f. 29.8.1980; (ii) refusal to accept the transfer orders; and (iii) disobedience to the orders of higher authorities, under Rule 8 of the Punjab Civil Service (Punishment and Appeal) Rules,1970. A proper departmental enquiry, following provisions of law, was held against him. In the enquiry report dated 10.12.1984 (Annexure R-1) a finding was recorded that the appellant-petitioner was guilty of remaining willfully absent from duty from 29.8.1980 till conclusion of the enquiry i.e. four years. A perusal of the enquiry report further reveals that the appellant-petitioner had confessed that he had proceeded on leave without getting any sanction and was also aware that a government employee could not proceed on leave till the sanction of leave and as such is deemed to be absent from duty. It has further been recorded therein that the appellant-petitioner had also confessed that he had received posting orders dated 25.3.1983 issued by the Punjab Government but he did not obey those orders and instead sent a representation for his posting at Canal Hospital, Talwara or in District Hoshiarpur. It is further apparent that he did not join his place of posting even after the conclusion of the aforesaid LPA No.26 of 2008 3 enquiry. After considering the enquiry report, a show cause notice dated 4.3.1985 conveying the proposed penalty of dismissal from government service alongwith a copy of the enquiry report was issued to the petitioner. The reply submitted by the appellant-petitioner to the said show cause notice was considered and thereafter the impugned order of dismissal dated 2.9.1988 (Annexure P-9) was passed in due consultations with Punjab Public Service Commission. As stated earlier, the appellant-petitioner challenged the said dismissal order by filing CWP No. 389 of 1989 which was dismissed by the learned single Judge vide order dated 14.11.207 and hence the present Letters Patent Appeal. We have heard learned counsel for the appellant-petitioner and perused the record. The sole contention raised by the learned counsel for the appellant-petitioner is that in the facts of the case the punishment imposed is harsh and disproportionate to the charges proved against him. We are not in agreement with the said contention raised by the learned counsel and hence reject the same. The appellant-petitioner was a qualified Doctor belonging to the cadre of PCMS Class II, meant to serve the humanity. He, instead chose to wilfully remain absent without any plausible cause. His conduct was of such a nature that a public notice had to be issued for serving charge sheet upon him. It is apparent from the record that petitioner was hankering for his posting at Canal Hospital, Talwara or in District Hoshiarpur and refused LPA No.26 of 2008 4 to obey the transfer orders. He factually remained absent for almost eight years i.e. from 1980 till the date of the passing of the order of dismissal dated 2.9.1988 (Annexure P-9). To our mind, such a government employee does not deserve any sympathy and dismissal is the only appropriate punishment for him. In the facts of the case we do not find that the punishment imposed by the competent authority, after following due process of law, was harsh or disproportionate. We find no infirmity in the judgment dated 14.11.2007 passed by the learned single Judge. Consequently, the present Letters Patent Appeal is dismissed in limine. (VIJENDER JAIN) CHIEF JUSTICE 8.4.2008 (JASWANT SINGH) joshi JUDGE