- (1.) Leave granted.
(2.) The appellant was appointed as a constable under the first respondent-State on 24.12.1979. On the ground that he remained absent from duty while he was posted in police lines, Kurkshetra, Haryana on three occasions, extending to a total period of thirty seven days, disciplinary proceedings were initiated. He was found guilty of misconduct and a major penalty of dismissal was imposed on him by order dated 22.11.1994 of the Superintendent of Police, Kurukshetra, Haryana. The appeal before the D.I.G. of Police, Ambala, Haryana was dismissed, and that order was challenged before the High Court in C.W.P. No. 16511 of 1997. The said Writ Petition was disposed of by Judgment dated 26.05.2009. The operative portion of the judgment reads as follows: "It is, thus, clear that the finding regarding the petitioner having committed gravest misconduct cannot be faulted. However, reading the impugned order against the backdrop of the latest exposition of law (reproduced above). I find that the punishing authority has not considered the question regarding the right of the petitioner's pension. In the circumstances, the writ petition is allowed, the impugned orders of punishment (Annexure P-3 and P-8) are set aside and the matter is remanded back to the disciplinary authority for taking a fresh decision on the above aspect and pass a fresh order of punishment within a period of three months. However, the order of reinstatement shall remain in abeyance till such fresh consideration and will depend upon the outcome of the same."
(3.) The order of the learned Single Judge was taken up in intra court appeal leading to the impugned Judgment dated 22.02.2013. The Division Bench set aside the judgment of the learned Single Judge and dismissed the writ petition. Aggrieved, the appellant approached this Court.;