M.M.Kumar, J. - (1.) This petition filed under Article 226 of the Constitution prays for quashing order dated 08.10.1996 (P-5) passed by the Superintendent of Police, Commando, Newal, Karnal, dismissing the petitioner from service on account of his absence from duty for a period of 244 days. The petitioner has also challenged order dated 13.07.1999 (P-8) passed by Inspector General of Police, Railways & Commando (Haryana), Panchkula, upholding the order dated 8.10.1996 (P-5) and the revisional order dated 11.7.2000 (P-10) maintaining the view of the Superintendent of Police. The petitioner also filed review petition before the Director General of Police, which has also been dismissed on 11.7.2000.
(2.) Brief facts of the case are that the petitioner was appointed as Constable in the Commando Wing of Haryana Police in an open competition held on 20.3.1988. He was granted 3 days casual leave on 28.07.1995 and was required to report for duty on 1.8.1995. He failed to report for duty and accordingly he was marked absent on 1.8.1995 vide Rapat No. 16 at 12.05 P.M. It is claimed that he had fallen ill when he was visiting his relations and from there he was taken to private hospital run by Dr. R.E. Pandey, Retired Deputy Chief Medical Officer, Bhiwani, who found that the petitioner was suffering from Typhoid. It has been urged that he remained bed ridden upto November 1995 and from November to March 1996, he suffered from jaundice. On 1.4.1996, the petitioner is claimed to have been declared medically fit and came forward to join his duty at Commando Force Newal, Karnal The petitioner was issued a charge-sheet alleging that he remain willfully absent from duty from 1.8.1995 to 1.4.1996 for a period of 244 days 1 hour and 40 minutes, which is gross carelessness. For holding a departmental enquiry against the petitioner, Sant Lal, Inspector Commando Newal was appointed as Enquiry Officer. He submitted his enquiry report on 13.9.1996 and came to the conclusion that the Medical Certificates produced by the petitioner were false and bogus, which were procured to fill up the gap of his absence. The conclusion reached by the Enquiry Officer in his enquiry report (P- 2) reads as under : "Conclusion : I have carefully perused the statement of prosecution, and defence witnesses and come to the conclusion that the medical certificates produced by defaulter are false and bogus which have been only produced to fill up the gap of his absence. Defaulter instead of getting the treatment in his home dist. Hissar or dist. Bhiwani in any Govt. Hospital but had secured the medical certificate from private doctor who is far away from the village of defaulter, which creates suspicion. The defaulter has never informed this office regarding his illness. Now he has sent any medical certificates, nor he had sent any information that he is getting treatment. The defaulter could have informed the Supdt. of Police, commando either by sending a special Messenger, or through post office, regarding his illness or could have sent an application for leave. From all this it is clearly proved that the defaulter has produced the medical certificates only to hide his absence. Prior to this the defaulter had also remained absent for 20 times. The decision of which had been done in different dates, so the defaulter is habitual absentee. Defaulter by remaining willfully absent for 244 days 1 hour and 40 minutes and has not given any solid proof for this absence but by producing bogus medical certificates had tried to misguide the department. Therefore, this constable is guilty or remaining absent wilfully. Sd/- Sant Lal 13.9.1996 Inquiry Officer Insp. Commndo Newal "
(3.) On the basis of enquiry report a show cause notice was given to the petitioner by the Punishing Authority i.e., Superintendent of Police, Commando Newal, Karnal (respondent No. 4). The petitioner duly replied the show cause notice on 3.10.1996 (P-4). However, the Punishing Authority rejected the reply of the petitioner by upholding the findings. The Punishing Authority has noticed that the Medical Certificate produced from private Dr. R.E. Pandey failed to indicate any registration number and on different dates, different diseases have been shown on the Certificate. It has further been found that all Constables who absent themselves procured Certificates from Dr. R.E. Pandey. The views of the Punishing Authority are available in Para 4 of the order dated 8.10.1996 (P-5) and the same reads as under : "In the inquiry report the statement of prosecution as well as defence witnesses are there on the file and in different reports on different dates it has been shown that he was treated by Dr. R.E. Pandey. When this constable Jagbir Singh 294/CPF P.S. Uklana Distt. Hisar and he had produced his medical certificate from Doctor of Bhiwani, only with a purpose to compete his period of absence so these certificates have been prepared. It is also the statement of the doctor that the constable of Haryana Police came to him for treatment. When this Constable is r/o Village- Daulatpur (Uklana) there is no registration number on the certificate issued by the doctor. And on different dates, different diseases as is shown. All the constables of Haryana Commando Police who became absent brings the certificate from this' doctor. Who only does this work. I have perused carefully the statement of defence as well as prosecution witnesses. I do not consider the report of Dr. Pandey as correct because in all the absent cases all constables to save themselves do like this. I hold this certificate as false. After perusing the report I have come to the conclusion that Jagbir Singh 294 CPF who had remained absent for 244 days 1 hour and 40 minutes so after discharging him from Govt. Service an order to dismiss him from Govt. Job and relieved. The order is passed. Copy of the order is given to the defaulter free of cost. Sd/- Supdt. of Police Commando".;