The appeal before the I.G. of Police, Ambala, Haryana was dismissed, and that order was challenged before the High Court in C.W.P. No.
He was found guilty of misconduct and a major penalty of dismissal was imposed on him by order dated 22.11.1994 of the Superintendent of Police, Kurukshetra, Haryana.
The charge against the appellant was only of unauthorized absence of short durations.
The said Writ Petition was disposed of by Judgment dated 26.05.2009.
Aggrieved, the appellant approached this Court.
The order of the learned Single Judge was taken up in intra companyrt appeal leading to the impugned Judgment dated 22.02.2013.
However, the Disciplinary Authority, by order dated 22.11.1994, passed an order dismissing the appellant from service.
It appears, on that companynt, the appellant pleaded for mercy before the Inquiry Officer.
It is number in dispute that the appellant had put in around fifteen years of service prior to his termination.
On the ground that he remained absent from duty while he was posted in police lines, Kurkshetra, Haryana on three occasions, extending to a total period of thirty seven days, disciplinary proceedings were initiated.
KURIAN, J. Leave granted.
The appellant was appointed as a companystable under the first respondent State on 24.12.1979.
However, reading the impugned order against the backdrop of the latest exposition of law reproduced above .
16511 of 1997.
The appellant had an explanation for his absence, that he was taking treatment in the District Chest T.B. and Leprosy Centre, Kurukshetra, Haryana, for his chronic tuberculosis.
The operative portion of the judgment reads as follows It is, thus, clear that the finding regarding the petitioner having companymitted gravest misconduct cannot be faulted.
