Police Act (5 of 1861) , S.12— Punjab Police Rules (1934) , R.16.2— Dismissal from service – Legality – Post of Constable – Constable was dismissed from service after charge of unauthorised absence for 37 days was proved in disciplinary inquiry – Reference in dismissal order to forfeiture of 17 yrs of service as a result of his absence from service on previous occasions was independent of misconduct for which enquiry officer had found him guilty – Finding of High Court that disciplinary authority should have taken into consideration his long service period, was unsustainable since he had served for less than 7 yrs as a Constable – Rule provided for dismissal for gravest act of misconduct, or, as cumulative effect of continued misconduct – Since dismissal was for gravest act of misconduct, consideration of length of service was not required – Order of dismissal was proper.
R.S.A No. 3802 of 2004,D/-04-08-2010 (P and H)-ReversedAIR 1992 SC 2188-Relied on2010 AIR SCW 6089-Distinguished(Paras 252729313233)
[ad_1]
Source link