- (1.) This petition has been preferred by a police official who has been dismissed from service for absence from duty vide order dated 12.10.2006 (Annexure P-5) passed by the Superintendent of Police, Faridabad. Apart from assailing the order passed by the punishing authority, petitioner has also challenged order dated 24.12.2007 (Annexure P-8) passed by the Inspector General of Police and order dated 14.02.2009 (Annexure P-10) passed by the Director General of Police, Haryana, dismissing the appeal and revision preferred by him against order dated 12.10.2006. The ground pressed into service is that under Rule 16.2 (1) of the Punjab Police Rules,1934 (hereinafter referred to as 'the Rules, 1934'), as applicable to State of Haryana, absence from duty has not been regarded as gravest act of misconduct and, therefore, punishment of dismissal could not have been imposed upon the petitioner.
(2.) Briefly the facts are that the petitioner was appointed as a Constable in Haryana Police on 18.10.2000. He proceeded on three days sanctioned casual leave on 10.12.2005 while he was posted at Police Station Sector 7, Faridabad. He was required to report for duty on 14.12.2005 but did not do so and thus was recorded absent vide DD No. 21 dated 14.12.2005. He remained absent continuously and when nothing was heard from his side, a charge-sheet dated 14.08.2006 was served on him for gross negligence and indiscipline by way of being continuously absent without leave and prior information from 14.12.2005 till date i.e. 14.08.2006. A regular departmental enquiry was held against him in which the petitioner opted not to appear. An ex-parte enquiry was held against him and on the basis of finding of guilt recorded by the Enquiry Officer.
(3.) A show cause notice was served on the petitioner. To this show cause notice, petitioner submitted a written explanation wherein he had taken a plea that on 10.12.2005, he was suffering from fever and continuously remained under its effect for about 10-15 days. Thereafter, he was suffering from jaundice and typhoid, for which he took treatment from local Vaids but his condition continued to deteriorate, because of which, he could not report for duty nor could he inform the department. Petitioner was given a personal hearing by the punishing authority and thereafter, order of punishment was passed against the petitioner on 12.10.2006 by the Superintendent of Police, Faridabad (Annexure P-5). The punishing authority in this order concluded that as per Rule 8.16 of the Punjab Civil Services Rules Vol.I, Part-I, a Government employee, who absents himself from duty without permission of the competent authority, is liable to have his absence treated as absence from duty without leave. As the petitioner neither informed the department nor submitted any application for leave, he was to be treated as absent from duty. The explanation also given by the petitioner and non-informing the department, was found to be not correct and rather contrary to the facts, as vide his leave application dated 10.12.2005, he had submitted that he urgently needed leave because of illness of his wife, which was not the stand now given by the petitioner in his written explanation. Till the date of the passing of the order of dismissal, petitioner had not reported back for duty and had remained absent and in any case, charge-sheet served on the petitioner for the period 10.12.2005 to 14.08.2006, which was eight months absence without leave/permission/intimation of the competent authority. This was found by the punishing authority to be a gravest act of misconduct and sufficient to award the punishment of dismissal from service. It was also observed that the petitioner does not deserve any leniency.;