- (1.) The petitioner herein was selected and appointed as Constable and he joined as such on 13.11.2000. He was posted in 4th Battalion, Haryana Armed Police. On 13.2.2003, the petitioner got a telephonic message that his father is seriously ill and admitted in Bhaskar Hospital, Hisar. The father of the petitioner remained admitted in the Bhaskar Hospital, Hisar from 8.2.2003 to 21.5.2003 and since the petitioner was the only male member to look after him, he stayed back during his illness and admission in hospital. A show cause notice dated 10.6.2003 (Annexure P-1) was issued to the petitioner by the Commandant 4th Battalion, Haryana Armed Police, Madhuban respondent No. 4, whereby he was called upon to explain his absence from duty from 13.2.2003 to 21.5.2003 i.e. a total of 97 days, 9 hours and 35 minutes without any leave or prior permission of the Competent Authority. It was further mentioned in the said notice that this was an act of indiscipline which showed that he was not reliable and was unlikely to prove an efficient police officer and before passing of the order of discharge under Rule 12.21 of the Punjab Police Rules; 1934 (for short the 1934 Rules), as applicable to Haryana, the petitioner is being given an opportunity to show cause against the proposed action contemplated against him and was given 15 days' time to submit his representation. In response to the said show cause notice, the petitioner submitted his reply stating therein that on getting the information about the admission of his father on telephone, he was shocked and since there was no one else to look after him in the hospital and he was the only son who could take care of his father as his other brothers were living separately with their families, he immediately rushed to the hospital at Hisar. Petitioner further submitted that it was neither his intention to abstain from duty but because of the bonafide reasons, he had gone out to perform his duties as a son.
(2.) On consideration of the reply submitted by the petitioner, the Commandant 4th Battalion, Haryana Armed Police, Madhuban vide his order dated 26.6.2003 (Annexure P-3) passed an order of discharge which reads as follows : "ORDER No ................/Steno dated Madhuban, the 26.06.2003 Constable Mukesh Kumar No. 4/813 is unlikely to prove an efficient Police Officer. As such he is hereby Discharged from Service of Police force with immediate effect i.e. 26.6.2003 F.N. under P.P.R. 12.21. Sd/- Commandant. 4th Bn. HPA, Madhuban"
(3.) Thereafter, the petitioner preferred a representation before the Inspector General, Haryana Armed Police, Madhuban which was rejected vide order dated 4.2.2005 (Annexure P-4). Against the said order, an appeal/representation dated 1.3.2005 (Annexure P-5) was preferred by the petitioner before the Director General of Police, Haryana, Chandigarh which, according to the petitioner, is still pending before the Director General of Police and no decision thereon has been taken.;