State Of Punjab vs P.L. Singla

2. The respondent is a doctor in the service of the appellant - State of Punjab. On 1.8.1991, the respondent was transferred to Makandam. The respondent joined duty on 17.8.1991, but unauthorizedly absented himself from 1.6.1992. As he was absent for nearly five years, the Health and Family Welfare Department issued a charge-sheet dated 28.5.1997 to the respondent. The two charges were : (a) absenting from duty deliberately from 1.6.1992; and (b) disobeying the orders of official superiors. An 2 enquiry was held into the said charges. The Enquiry Officer submitted his report. In regard to first charge, the Enquiry Officer found that the respondent had, in fact, absented himself unauthorisedly from 1.6.1992 to 17.10.1997. But he accepted two explanations given by respondent and concluded that the absence was under compelling circumstances. The first explanation was that those were days of terrorism in Punjab. The second was that the respondent had sent by post an application seeking leave from 1.6.1992 to 30.12.1992 and did not receive any refusal, and, therefore presumed that the leave had been granted. The Enquiry Officer also held that the second charge was not proved.

5. The respondent filed a suit on 24.1.2002 in the court of the Civil Judge, Junior Division, Bhatinda for a declaration that the order dated 10.9.1999/11.10.1999 imposing punishment was null and void and for consequential reliefs. The trial court by judgment dated 14.9.2004, decreed the suit and declared that the order imposing punishment was void and that the respondent was entitled to all consequential benefits with interest at 12% PA from the date of suit. The appeal filed by the State was dismissed by the first appellate court on 16.3.2005. The second appeal filed by the 4 State was also dismissed on 20.1.2006. The said judgment of the High Court affirming the decisions of the trial court and first appellate court is challenged in this appeal by special leave.

10. Where the employee who is unauthorizedly absent does not report back to duty and offer any satisfactory explanation, or where the explanation offered by the employee is not satisfactory, the employer will take recourse to disciplinary action in regard to the unauthorised absence. Such disciplinary proceedings may lead to imposition of punishment ranging from a major penalty like dismissal or removal from service to a minor penalty like withholding of increments without cumulative effect. The extent of penalty will depend upon the nature of service, the position held by the employee, the period of absence and the cause/explanation for the absence. Where the punishment is either dismissal or removal, it may not be necessary to pass any consequential orders relating to the period of unauthorized absence (unless the rules require otherwise). Where the punishment awarded for the unauthorized absence, does not result in severance of employment and the employee continues in service, it will be 8 necessary to pass some consequential order as to how the period of absence should be accounted for and dealt with in the service record. If the unauthorized absence remains unaccounted, it will result in break in service, thereby affecting the seniority, pension, pay etc., of the employee. Any consequential order directing how the period of absence should be accounted, is an accounting and administrative procedure, which does not affect or supersede the order imposing punishment.

12. The assumption by the courts below that when an order is passed according extra-ordinary leave for the period of absence, it will have the effect of effacing or erasing the punishment already imposed, is therefore incorrect and is a serious error of law. When the trial court and the appellate court had committed this serious error, the High Court ought to have formulated an appropriate question of law and allowed the second appeal. Instead, it chose to dismiss the second appeal putting its seal of approval on a wrong interpretation of law leading to serious repercussions in regard to discipline and administration. The judgment of the High Court confirming the orders of the courts below, therefore calls for interference.

13. We accordingly allow this appeal, set aside the judgments and decrees of the courts below and dismiss the suit of the respondent. Parties to bear their respective costs.