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Judgment
This is an intra-court appeal under Clause X of the Letters Patent against the order and judgment dated 22.02.2018, rendered by the learned Single
Judge, vide which the writ petition preferred by the appellant against the orders of his dismissal from service as also the appellate authority and the
Government dismissing his appeal and mercy petition, had since been dismissed.
The petitioner-appellant joined the respondent-department as Constable on 14.06.1994. Concededly, he proceeded on 7 days leave and was required to
report for duty on 14.09.2001. But as he failed to re-join, he was suspended w.e.f. 14.09.2001. Neither did he apply for extension of leave nor sent
any intimation to the department to justify his absence. For he had absented from duty w.e.f. 14.09.2001 to 09.04.2003, a departmental inquiry was
initiated against him. Records show that although a copy of the charge-sheet was served upon him, but no reply was filed thereto. And eventually in
the wake of the evidence on record the charges levelled against him were found to have been proved by the Inquiry Officer. Upon the inquiry report
having been submitted to the competent authority, a show cause notice with proposed punishment of dismissal was sent to the petitioner. But again he
did not opt to file any reply. Resultantly, he was dismissed from service on 15.10.2010. And, as indicated above, his appeal as also the mercy petition
was dismissed by the appellate authority and the Government, respectively.
The plea set up by the appellant that as during the leave period he was suffering from schizophrenia and, therefore, was unable to join duty on
14.09.2001, was also repelled, for even in the said situation he could approach the competent authority for granting medical leave. Rather, records
show that even during the pendency of the departmental inquiry when the appellant reported for duty at Police Station Sahnewal, Ludhiana, vide DDR
No.8/02.04.2003 he was sent to Police Lines, Ludhiana, but again he chose to remain absent w.e.f. 10.04.2003 till his dismissal on 15.10.2010. And as
is made out from the order dated 07.02.2014 passed by the Government dismissing his mercy petition, the appellant was even advised to appear before
the Medical Board, Ludhiana and submit a report as regards his illness, but he did not opt to appear before the Board either. In fact, on a
comprehensive analysis of the matter, the learned Single Judge recorded a finding that there was no credible medical evidence to support the assertion
of the appellant that he indeed was seriously ill. Ex facie, the appellant remained absent from duty for a period of 9 years i.e. from 14.09.2001 till his
dismissal on 15.10.2010. The grievance of the appellant that during the period of suspension he was not granted any suspension allowance was also
rejected, for in terms of Rule 16.21(2) of the Punjab Police Rules, 1934, the appellant could be entitled thereto had he attended the office during the
period of his suspension which he never did. Thus, the appellant, who happened to be a member of a disciplined Force, was guilty of a highly serious
and grave misconduct which warranted no interference with the orders passed by the punishing authority.
In conspectus of the above, we are dissuaded to interfere with the impugned order and judgment rendered by the learned Single Judge as also by the
respondent-authorities. The appeal being devoid of merit is accordingly dismissed.