Union Of India & Ors vs Ghulam Mohd. Bhat on 20 October, 2005
[4] The appellant was recruited as a Constable in the
Haryana Police on 29.9.1975. While he was posted at Police
LPA-929-2013 (O&M) 2
Station, Uchana, he absented from duty on 15.9.1990 and
returned back on 17.9.1990. He again absented and joined back
on 22.10.1990, after one month and five days. The appellant was
charge-sheeted on the ground of absence from duty.
Departmental enquiry was held in which he was found guilty and
accepting that report, the Superintendent of Police, Jind,
dismissed the appellant from service. He preferred departmental
appeal and revision, which were also dismissed up to the highest
authority i.e. the Director General of Police, Haryana. The last
order being passed on 10.6.1994 (Annexure P-9), by the Director
General of Police, Haryana. The appellant immediately
approached this Court in September, 1994, but his writ petition
has been dismissed by the learned Single Judge by relying upon
the decision of Hon'ble the Supreme Court rendered in the case
of Union of India v. Ghulam Mohd. Bhat, (2005) 13 SCC 228.
[5] The short grievance of the appellant raised in this
appeal is that before the reported absence from duty for a period
of over one month, he had satisfactorily served the department
for more than 16 years, hence, his claim for pension ought to
have been kept in view by the disciplinary authority or the
superior authorities, keeping in view Rule 16.2 of the Punjab
Police Rules, 1934, as applicable to the State of Haryana (for
brevity, 'the Rules').