This appeal is directed against the judgment and order dated 1.3.2007 passed by the Punjab Haryana High Court setting aside the judgment and decree passed in favour of the appellant herein and thereby upholding the order of punishment awarded to the appellant.
Being dissatisfied with the aforesaid judgment and decree passed by the Trial Court, an appeal was filed which was heard by the District Judge and the said appeal filed by the respondent herein was dismissed.
336 of 1993.
Consequently, a departmental proceeding was initiated against the appellant for awarding major punishment.
Still aggrieved, the respondent filed an appeal before the High Court which was registered as RSA No.
He absented from duty on 13.10.1984 which was recorded vide D.D.R. No.
The said order was challenged by the appellant by filing an appeal which was dismissed and thereafter, by filing a revision petition, which was also dismissed.
The appellant thereafter filed a civil suit seeking for a declaration and for setting aside the order of dismissal from service.
The Trial Court decreed the suit holding that in view of the regularisation of the leave by the companypetent authority for the period of unauthorised absence, the charge numberlonger survives.
Even at that stage, he did number produce any document regarding his illness or any evidence to indicate that he was admitted in any hospital.
Consequently, the order of dismissal was set aside with a direction to reinstate the appellant in service and to pay him back wages.
The said second appeal was heard and by the impugned judgment and order, the said second appeal was allowed and the judgment and decree passed was set aside.
In the said proceedings, the appellant appeared and companytested the matter.
After the companyclusion of the inquiry, the inquiry officer submitted his report finding the appellant guilty of the charges.
The appellant was working as Head Constable in Punjab Police.
On submission of the aforesaid report by the Inquiry Officer, the companypetent and disciplinary authority on going through the records passed an order of dismissal from service.
The appellant after absenting from duty for 39 days reported back on 22.11.1984.
2 at 10.00 A.M. It is alleged on behalf of the respondents that neither did he pray for any leave for his absence number did he intimate the authorities the reasons for number attending the duty.
