Punjab and Haryana High Court.
State Bureau, Chandigarh. Punjab and Haryana High Court has termed unauthorized absence from duty of employees working in disciplined forces as a very serious misconduct. The High Court has clarified that unauthorized absence from duty by personnel serving in disciplined forces is an attack on the root of discipline and efficiency and would be counted among the most serious types of misconduct.
The court said that in such cases, harsh punishment, even dismissal from service, is fully justified. Justice Namit Kumar gave this comment while accepting the appeal of Punjab Government. The court set aside orders passed by lower courts directing reinstatement of Devinder Singh, a Punjab Police constable, into service.
According to the case, Devinder Singh was appointed as constable in Punjab Police on 24 August 1978. According to records, he went on sanctioned leave on August 25, 1989, but did not return to duty thereafter. According to the police department, he was considered unauthorized absent from September 1, 1989 to January 3, 1990. Later on 26 October 1989, departmental action was initiated by suspending him and regular departmental inquiry was conducted.
Also read- Sant Seechewal introduced historic private member bill in Rajya Sabha; Proposal for legal guarantee to election manifesto
When the allegations were found proven in the departmental inquiry, the Commandant of 27th Battalion PAP, Jalandhar Cantt dismissed him from service on 26 July 1990. Instead of resorting to departmental measures, Devinder Singh challenged this directly in the civil court. The trial court ruled in his favor, saying absence could not be considered the most serious misconduct and ordered reinstatement.
Later the first appellate court also upheld the order of reinstatement with partial modification, although salary benefits were not given for some period.
Also read- Snatching in Chandigarh! Three miscreants ran away after snatching the student's iPhone, she was going on foot towards ISBT-43
Punjab government challenged the decision of lower courts
The Punjab government challenged these orders in the High Court. Hearing the case, the High Court said that in a disciplined force like the police, performance of duty is paramount and unauthorized absence not only affects departmental discipline but also weakens operational efficiency and public confidence.
The court also clarified that administrative regularization of the period of absence or subsequent formal entry cannot amount to condoning or condoning proven misconduct.
With these observations, the High Court accepted the appeal of the Punjab Government by setting aside the orders of the lower courts and upheld the dismissal of the constable. The court said that strict norms are necessary in disciplined services and strict action in case of serious indiscipline is both administrative necessity and legally justified.
Also read- Cell manager of Bathinda Cooperative Sabha accused of embezzlement of lakhs of rupees; Police registered a case and started investigation
Chyawanprash is a part of every Indian's life, it reduces diseases and increases energy.