- (1.) An application was moved by the petitioner for issuing adinterim directions to the respondents for releasing his dues lying with the respondents in provident fund account etc. The parties' counsel consented that the main case itself may be decided. Consequently, I heard the counsel for both the parties on merits in the main case and I proceed to dispose of the same.
(2.) The petitioner joined as a constable in the Punjab Armed Police in the year 1980. As per the averments made in the petition, while he was serving in 27th Battalion at Jalandhar, his brother came from home on 4th June, 1987 and informed him that his (Petitioner's) wife was seriously ill. The petitioner left for his village immediately. Though he tried to inform his senior officers about his leaving for his village but he could not contact any officer. Since he had to leave immediately, under the circumstances mentioned above, he left the Battalion without taking any leave. The petitioner was put under suspension vide order dated 15th July, 1987 with effect from 4th June, 1987 i.e. the date he absented from duty without permission or sanctioned leave. He reported back for duty on 5th August, 1987. His suspension was revoked vide order dated 15th August, 1987.
(3.) A regular departmental enquiry was held on the charge of wilful absence from duty and after complying with the procedure under the Rules, the petitioner was found guilty of the alleged charge. A show cause notice was issued as to why the petitioner be not dismissed from service. After receiving the reply to the show cause notice, the commandant, 27th Battalion passed order of dismissal on 7th January, 1988. The appeal and the revision by the petitioner against the order of dismissal to the Deputy Inspector General of Police and the Inspector General of Police were also dismissed on 1.12.1988 and 23rd April 1991 respectively. Aggrieved by the order of dismissal and the rejection of his appeal and revision, the petitioner filed the present writ petition.;