CWP No.15825 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15825 of 2009 Date of Decision: 24.02.2010 **** Harvail Singh . . . . 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. R.R. Dhawan, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner is an Ex-Constable of Punjab Police. He seeks a writ in the nature of certiorari for quashing of the order dated 07.07.1995 (Annexure P2), whereby, he was dismissed from service. (2). The petitioner was recruited as a Constable on 14.02.1989. An FIR No.20 was registered against him on 04.02.1993 at Police Station Civil Lines, Ludhiana under Section 420, 468, 471 IPC, inter alia, alleging that at the time of his recruitment in the Police Department, he had erased his date of birth and the percentage of marks in the Matriculation Certificate produced by him. CWP No.15825 of 2009.doc - 2 – (3). Instead of facing the process of law, the petitioner absconded himself and was found absent from duty. The said misconduct led to initiation of disciplinary proceedings against him and after a departmental enquiry, in which the allegations of his absence from duty stood proved, the disciplinary authority dismissed the petitioner from service vide the impugned order dated 07.07.1995 (Annexure P2). (4). It may be noticed here that having absented from duty in the February, 1993, the petitioner did not report for duty for a period of 4 years. Similarly, neither he participated in the enquiry proceedings nor responded to the show cause notice. (5). After having earned acquittal in the criminal case on 23.11.2007, the petitioner is said to have filed a departmental appeal/ revision/mercy petition for his reinstatement in the service, which have been turned down by the authorities. (6). Aggrieved, the petitioner has approached this Court. (7). I have heard learned counsel for the petitioner at some length and also perused the record. (8). In my considered view, the charge of “absence from duty” which was the subject-matter of the CWP No.15825 of 2009.doc - 3 – domestic enquiry, has no concern with the petitioner’s acquittal in the criminal case. It is not in dispute that the petitioner did abscond and remained absent from duty for a period of four years. He being a member of the Disciplined Force the absence from duty amounts to grossest misconduct, therefore, action of the disciplinary authority in dismissing the petitioner warrants no interference by this Court in exercise of its writ jurisdiction. (9). Dismissed. (SURYA KANT) JUDGE 24.02.2010 vishal shonkar