HC refuses to revoke termination orders of habitual absentee cop

The Punjab and Haryana high court has refused to revoke termination orders of a cop termed habitual absentee by the Punjab Police.
“As the petitioner despite being member of disciplined police force was habitual absentee and did not mend his behaviour, this court does not find it appropriate to look into the quantum of punishment awarded to him,” the bench of justice Jagmohan Bansal observed dismissing the 1999 plea from the former cop, Daljit Singh.
Singh had approached the high court in 1999, after he was dismissed from the service for the second time by then Ludhiana senior superintendent of police (SSP) for remaining absent. He joined the police force as constable in 1986 and remained absent from duty from December 1, 1992, to February 22, 1993. Departmental proceedings were initiated against him, and he was dismissed on March 5, 1994. Against this decision he approached the high court, and the court quashed the police decision while giving the police liberty to conduct a fresh inquiry. However, he again opted to remain absent even as an inquiry was going on. As he did not join the inquiry, he was dismissed for the second time on August 31, 1995.
His lawyer had contended that his act was not gravest misconduct in terms of Rule 16.2 of the Punjab Police Rules, 1934, warranting dismissal from service, thus, impugned order is patently bad in the eye of law and deserves to be set aside.
The court underlined that the petitioner was part of a force “where discipline is of paramount consideration”.
The court took into account two judgments, in one judgment the apex court had said that court should not set aside order of dismissal where delinquent is part of armed forces and remained absent from duty. In second judgment, the high court had said that remaining absent from duty for a man in uniform is the gravest act of misconduct. The court termed the petition “bereft of merit” and dismissed the same holding that it deserved to be dismissed.