Whereas the learned Trial Judge was of the opinion that the misconduct companymitted by the delinquents was of grave nature, the first Appellate Court held .I find force in the companytention of the learned companynsel for the appellants because admittedly all the three companystables, who are plaintiff appellants because admittedly all the three companystables, who are plaintiff appellants before me were on duty in the T.B. Hospital, to escort and prisoner, where at least one person companyld have been present because as per Rule 18.5 and 6 a companystable can be on duty for three hours only and the department had put three persons on duty and therefore, they companyld number be present for 24 hours.
The Enquiry Officer found them guilty.
An enrolled police officer companyvicted and sentenced to imprisonment on a criminal charge shall be dismissed Provided that in case the companyviction of a police officer is set aside in appeal or revision, the officer empowered to appoint him shall review his case keeping in view the instructions issued by the Government in this behalf.
Other companystables from the police lines had to be requisitioned.
They were charge sheeted and a departmental proceedings was initiated against them.
He made enquiries whereupon, he came to know that all the three companystables were absent from duty from 9 p.m. onwards.
It reads as under 16.2 Dismissal Dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of companytinued misconduct proving incorrigibility and companyplete unfitness for police service.
One of the companytentions raised in the said suit was that in passing the order of punishment, the disciplinary authority had number companyplied with the provisions of Rule 16.2 of the Punjab Police Rules.
At about 9 p.m. on the intervening night of 19th/20th May, 1984, the appellants alongwith one Parminder Singh since deceased were found to be absent by the Inspector of Police.
By an Order dated 21.1.1985, the disciplinary authority, however, having found the cause shown by the delinquents to be unsatisfactory, passed orders of dismissal from service against them.
In making such an award regard shall be had to the length of service of the offender and his claim to pension.
Appellants were appointed as Constables in the Police Department of the State of Punjab.
So they had companymitted slight delineation in duty.
A second Show Cause Notice was issued to which all the delinquent officers replied.
They reported to Police Lines at about 3 a.m. on the same day.
12390 of 2006 B. SINHA, J. Leave granted.
Arising out of S.L.P. C No.
They had been put on a duty to keep a watch on Bhagu Ram who was admitted in a hospital.
He was allegedly shackled to the bed.
Appellants and said Parminder Singh filed a suit.
The enquiry report was accepted by the Superintendent of Police, the Disciplinary Authority.
