- (1.) Challenge in this petition under Articles 226/227 of the Constitution of India is to the orders 14.10.1993 (Annexure P7) and 30.5.1987 (Annexure P5) passed by respondent Nos.2 and 3, respectively, vide which the petitioner, who was working as a Cook in the Haryana Armed Police, has been dismissed on the ground of absence from duty.
(2.) On his transfer from Ist Battalion of the Haryana Armed Police, Ambala City to the 3rd Battalion at Hissar on 27.10.1986, the petitioner failed to report for duty at the new station of his posting within the prescribed period of joining for 8 days and he reported for duty at Hissar on 4.12.1986 and thus he absented himself from duty for 34 days without any intimation to the authorities concerned. A regular inquiry was conducted against him. Ultimately, he was dismissed from service vide order 30.5.1987 (Annexure P5) passed by the Commandant, 3rd Battalion (respondent No. 3). His appeal against the order of his dismissal was rejected by the Director General of Police (respondent No. 2) vide order dated 15.10.1993 (Annexure P-7). In this petition the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the impugned orders Annexures P5 and P7.
(3.) The primary plea taken on behalf of the petitioner is that the petitioner failed to report for duty within the prescribed period for joining owing to the sudden illness of his son who had suffered a polio attack and, thus, the petitioner was compelled to stay at the previous station of his posting, i.e., Ambala City. Learned counsel for the petitioner has contended that mere absence from duty for a period of 34 days was not the gravest act of misconduct commensurate with the punishment of dismissal meted out to the petitioner. The counsel contended that under Rule 16.2. of the Punjab Police Rules, as applicable to the State of Haryana, the punishment of dismissal can be awarded only for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service. In support of his contention, the counsel has placed reliance on a Single Bench authority of this Court reported as Randhir Singh V/s. Dy. Inspector General of Police, Ambala Range, Ambala Cantt., 2004 4 RSJ 720. The counsel has also placed reliance on two Division Bench authorities of this Court reported as P.K. Khanna V/s. National Fertilizers Ltd. And another, 2005 3 RSJ 246, and Jatinder Singh V/s. State of Haryana and others, 2006 3 RSJ 669.;