- (1.) Plaintiff-appellant, ex-Constable Yusaf Masih filed a suit for declaration impugning the order dated 18.10.2001 whereby he had been dismissed from service. The trial Court vide judgment dated 8.6.2004 dismissed the suit and, even the civil appeal preferred by the plaintiff-appellant, was dismissed by the Additional District Judge-cum-Presiding Officer, Fast Track Court, Gurdaspur vide judgment dated 18.8.2007. Resultantly, the plaintiff-appellant is in second appeal before this Court. Ms. Ravinder Kaur Manaise, learned counsel appearing for the appellant has been heard at length.
(2.) The plaintiff had pleaded that while serving as Constable with the Punjab Police and posted in Gurdaspur District, he had been placed under suspension on 22.1.2001. Departmental proceedings had been initiated against him on the allegation that he had remained absent from duty for a period of 63 days and 23 hours. The extreme penalty of dismissal from service had been imposed upon him in terms of order dated 18.10.2001 passed by the Senior Superintendent of Police, Gurdaspur. It was pleaded that in terms of Punjab Police Rules, even though he had a right to file an appeal but the same was not binding upon him and as he did not expect any justice from the Department, as such, he had not preferred the statutory appeal. Plaintiff had further pleaded that he had not wilfully absented himself for the period from 21.11.2000 to 23.1.2001 but he had actually remained ill and was under medical treatment.
(3.) The suit was contested by the defendants by stating that the plaintiff was a habitual absentee and had, on earlier occasions, also been imposed the punishment of forfeiture of service for the same charge. It was stated that the plaintiff had absented from duty for the period 21.11.2000 to 23.1.2001 and the departmental enquiry had been got conducted in terms of the statutory rules. The Enquiry Officer having returned findings against the plaintiff, a show cause notice had been issued which was duly received and even a reply had been filed. The competent authority, upon due consideration of the reply submitted by the plaintiff to the show cause notice, had taken a decision to impose the extreme punishment of dismissal from service.;