CWP No.21322 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.21322 of 2008 Date of decision: 19.12.2008 Ranjit Singh ...Petitioner Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Anil Chawla, Advocate, for the petitioner. Rajan Gupta, J. The petitioner has preferred this writ petition seeking a writ in the nature of certiorari for quashing his dismissal order dated 28th December, 2006 and subsequent orders passed by the higher authorities in appeal and review etc. The petitioner was enrolled as a constable in the Punjab Armed Police on 17th September, 2004. He absented himself from duty on 17th March, 2006. He was thus placed under suspension w.e.f. 10th May, 2006. After remaining absent for about 66 days, the petitioner reported for duty on 23rd May, 2006. He again absented himself thereafter and reported back on 3rd August, 2006. An inquiry was instituted against him on 2nd August, 2006. Thereafter, the petitioner again absented himself from duty on 10th August, 2006. The summary of charges and documents in relation to the departmental inquiry were sent to his residential address. The petitioner did not cooperate with the departmental inquiry. He neither submitted any reply nor appeared for CWP No.21322 of 2008 2 personal hearing despite repeated notices sent to him. For this gross act of misconduct and indiscipline, the competent authority decided to dismiss him from service vide order dated 28th December, 2006. The petitioner thereafter preferred an appeal before the Deputy Inspector General of Police, PAP, Jalandhar. The appeal was dismissed on 5th October, 2007 by a detailed order by the said officer. The petitioner thereafter preferred a revision-cum-mercy petition before the Inspector General of Police, PAP, Jalandhar. The same was also dismissed vide order dated 6th February, 2008 by a detailed order. We have heard learned counsel for the petitioner and have given a careful thought to the various contentions raised by him. The learned counsel has contended inter alia that the punishment awarded to the petitioner is not commensurate with the alleged misconduct. This apart, proper opportunity was not given to him during the course of hearing. A perusal of the impugned orders shows that the petitioner absented himself time and again. A regular inquiry was thus instituted during the course of which many opportunities were afforded to the petitioner to submit his defence. However, he refused to cooperate with the inquiry proceedings. He was ultimately dismissed vide order dated 28th December, 2006, Annexure P-1. The plea of the petitioner that he was not granted any opportunity of hearing is thus devoid of force. The appeal preferred by the petitioner against the impugned order was rejected by a detailed and well reasoned order. It was observed by the authority that the petitioner had not conducted himself according to the CWP No.21322 of 2008 3 standard expected of a member of a disciplined force. He had remained absent without sanctioned leave and thus his appeal was without any merit. The revision/mercy petition was also dismissed by the Inspector General of Police after considering all the pleas raised by the petitioner. The said officer also came to the conclusion that the petitioner was guilty of grave misconduct and thus order of dismissal deserved to be maintained. After going through the impugned orders, we are of the considered view that the same do not call for any interference in exercise of writ jurisdiction. It is quite apparent that the petitioner remained absent on various occasions without sanctioned leave. In fact, it appears that he did not even bother to apply for leave before absenting himself. He was thus rightly found guilty of misconduct as envisaged by service rules governing the service of the petitioner. In our considered view, the petitioner was rightly dismissed from the police force as his conduct clearly shows that he was not fit to be retained in a disciplined force such as the police. We thus find no merit in this writ petition. The same is hereby dismissed. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE December 19, 2008 'rajpal'