STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The respondent, who is working as a Constable in the Punjab Armed Police at Jalandhar, was dismissed from service after holding a departmental enquiry on the charge of remaining absent from duty for five-and-a-half months without any sanctioned leave or prior intimation. Appeals/revision filed by the respondent before the higher authorities were dismissed. Thereafter the respondent filed a civil suit in the Court of Civil Judge (Junior Division), Amritsar, for quashing the impugned orders with consequential relief.

(3.) The trial court dismissed the suit. Aggrieved against which the respondent filed an appeal bearing No. 204 of 1999 before the Additional District Judge, Amritsar. The appellate court set aside the judgement and decree passed by the trial court and decreed the suit. The order passed by the Senior Superintendent of Police dated 13.07.1995, the order passed by the Deputy Inspector General of Police in appeal dated 21.09.1996 and the order passed by the Inspector General of Police, Border Range, Amritsar in revision dated 14.05.1997 were held to be null and void. As a consequence thereof the respondent was ordered to be reinstated in service with all consequential benefits like reinstatement in service and the arrears of salary, etc. It was held that the order of dismissal could not be passed against the respondent for a single act of remaining absent from duty without sanctioned leave. Liberty was reserved with the authorities to pass a fresh order keeping in view the length of service of the respondent. Relevant portion of the order reads thus: