CWP No.3699 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3699 of 2010 (O&M) Date of Decision: 07.04.2010 **** Madan Lal . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whethis Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whethis the judgment should be reported in the Digest? **** Present: Mr. H.S. Sirohi, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner was appointed as Constable on 4th December, 1989 in Punjab Police. He seeks quashing of the orders dated 17.11.2006, 07.08.2009 & 20.11.2009 (Annexure P1, P3 & P4 respectively), whereby, disciplinary action was taken against him and he was dismissed from service and his appeal has also been turned down. (2). Shorn of the details, the petitioner did into come present on duty on 22nd April, 2004 and later on it was found that he had gone to Italy where some of his family members are living. Various communications were sent at his address asking him to report for his duty. On 3rd May, 2004 his wife informed the CWP No.3699 of 2010.doc - 2 – authorities in writing in the presence of Sarpanch and Chowkidar of the village that the petitioner had gone to Italy to meet his mother and there he has fallen ill. Suffice it to observe that before going abroad, the petitioner neither informed the authorities nor he got the ex-India leave sanctioned. He was charge-sheeted on 28th October, 2004. The Enquiry Officer sent a registered letter to the petitioner to join the enquiry proceedings which he obviously did not join. (3). The petitioner was found guilty of absenting from duty by the Enquiry Officer and based upon that report, a show cause notice along with copy of the enquiry report was sent to him vide letter dated 22.06.2006. The petitioner’s wife again informed that the petitioner was still in Italy and had not come back. Thereafter, a public notice was got published in all the leading newspapers including “The Times of India” and “Desh Sewak” on 14th September, 2006, whereby, the petitioner was called upon to submit his reply, if any, within a period of 10 days. (4). Having received no response, the petitioner was dismissed from service vide order dated 17th November, 2006 passed by the Deputy Inspector General of Police (Computer and Telecommunication), Punjab. CWP No.3699 of 2010.doc - 3 – (5). It may be mentioned here that the petitioner came back to India on 13th November, 2008 and thereafter filed the departmental appeal which has been dismissed vide the impugned order dated 20.11.2009 (Annexure P4). (6). The petitioner was a member of the Disciplined Force and the manner in which he absented from duty is a clear example of gross indiscipline inasmuch as he did not bother even to apply for leave. (7). No case to interfere with the impugned orders by this Court in exercise of its writ jurisdiction, is made out. (8). Dismissed. (SURYA KANT) JUDGE 07.04.2010 vishal shonkar