Karnail Singh vs State Of Haryana And Ors on 24 April, 2015
Learned senior counsel for the petitioner contends that as per
Rule 16.2 (1) of Punjab Police Rules (hereinafter referred to as 'the Rules'),
the order of dismissal can be passed only for gravest act of misconduct.
The absence from duty is not the gravest act as in the explanation to the
said Rule, eight categories have been specified. Absence from duty has
not been considered as gravest act of misconduct but still the petitioner has
been dismissed from service debarring him from civil employment and now
he cannot be appointed to any public post. Learned senior counsel further
contends that 18 years of service rendered by the petitioner has not been
considered while dismissing him from service and penalty imposed upon
the petitioner is extremely on higher side. Learned senior counsel for the
petitioner also contends that the appeal filed by the petitioner has been
dismissed only on the ground of delay and the petitioner has not been
heard on merits and the impugned order passed in the appeal is also
contrary to the principles of natural justice. It is also the argument of
learned senior counsel for the petitioner that the petitioner has not been
POOJA SHARMA
2015.05.05 09:49
I attest to the accuracy and
integrity of this document
C.W.P. No. 2859 of 2011 (3)
supplied the requisite documents and, therefore, he could not file reply.
Learned senior counsel has also relied upon the judgments of Hon'ble the
Apex Court in the case of Harjit Singh and Another Vs. State of Punjab
and another 2007 (4) SLR 645, Dashrath Rupsingh Rathod Vs. State of
Maharashtra and another (2014) 9 SCC 129, of this Court in Satbir
Singh Constable Vs. The Director General of Police, Haryana and
others 2013 (3) SCT 76, State of Punjab Vs. Gurkeerat Singh 2002 (3)
SCT 623, Dhan Singh Vs. State of Haryana and others 2009 (1) RSJ
62, Virender Singh Vs. State of Haryana and others 2014 (1) SCT 561
and Balwinder Singh Vs. State of Punjab and others (2013-1) PLR 323,
in support of his contentions.