JUDGEMENT
VINEY MITTAL, J. -
(1.) The plaintiff has lost concurrently before the two courts below
in his claim for declaration that the order dated January 12,1995
passed by
the Senior Superintendent of Police, Majitha dismissing him from
service
was illegal,arbitrary and violative of the principles of natural justice.
(2.) The
plaintiff also challenged the appellate order passed by the Inspector
General
of Police whereby the appeal filed by the plaintiff was also dismissed.
(3.) The facts which emerge from the record show that the plaintiff
had absented himself from duty for a period of 40 days. On account
of the
aforesaid absence, a departmental enquiry was held against the
plaintiff. In
the departmental enquiry the charge against the plaintiff was found to
be
proved. On the basis of the said report submitted by the Inquiry
Officer, the
competent authority i.e. the Senior Superintendent of police passed
an
order of punishment dismissing the plaintiff from service and holding
that
the plaintiff was guilty of gravest act of misconduct. The appeal filed
by the
plaintiff also failed before the Inspector General of Police.;
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