The brief facts of the case are that the appellant while serving as Constable proceeded for evidence in the Court on 13-8-1992 (in Vehari District), but did not report back for duty. He was accordingly proceeded against under Police E&D Rules, by way of a show-cause notice and was ultimately dismissed from service with effect from 13-6-1993, vide orders dated 5-6-1993 passed by the S.P. Vehari. His Departmental appeal and the Revision Petition both were also rejected by the D.I.-G. And the Inspector-General of Police respectively.#TE##
2. It is contended by the counsel of the appellant that major penalty was imposed upon him without holding any regular enquiry. The respondent-Department on the other hand stated that the appellant remained absent for 5 months and 15 days and that he was dealt with under the Punjab Police (E&D) Rules. He was issued a show-cause notice for unauthorised absence and was required to appear before the Authority (Superintendent of Police) for personal hearing. He did not care to appear before the S.P./Authority for personal hearing in spite of notice served on him. He was, therefore, rightly punished.
3. I have heard the District Attorney and the Inspector Legal and gone through the record.
4. The learned counsel for the appellant contented that the appellant was condemned unheard and that the impugned penalty is too harsh keeping in view the misconduct which only relates to absence which was on medical grounds.
5. I have considered the arguments advanced by the learned counsel and find that the appellant voluntarily absented from his duties for a period of over 5 months. There appears to be no justification for allowing such an irresponsible official, to continue in the Department. However, the punishment of dismissal from service is rather harsh, keeping in view the nature of misconduct.
6. In view of the circumstances explained above, the punishment of dismissal from service is hereby converted into compulsory retirement.