' This is an appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 26-1-1999 by which the appellant was awarded the major punishment of dismissal from service.
Briefly stated the facts leading to the appeal are that the appellant was Constable in Police Department and was posted at Police Lines, Lahore. On 5-1-1999 during night the appellant received a message that his brother-in-law was injured seriously in an accident. The appellant applied for leave but he could not get it sanctioned. The appellant reached the place of accident and took his brother-in-law to the hospital but his brother-in-law died after a few days. After 21 days he reported duty at Police Lines, Lahore. Proceedings under Punjab Police (E&D) Rules, 1975 were initiated against the appellant and he was given show-cause notice on 25-1-1999. His reply dated 26-1-1989 was not considered satisfactory. He was summoned in the orderly room and was heard in person. He was dismissed from service vide order dated 26-1-1999. His Departmental Representation was rejected on 19-7-1999 and revision petition was also rejected on 22-3-2000.
Hence this appeal.
2. I have heard the learned counsel for the appellant, District Attorney and have perused the record and objections to the memorandum of appeal submitted by the respondents.
3. Learned counsel for the appellant argued that absence of the appellant was due to unavoidable circumstances. The appellant was dismissed from service on the ground that he is habitual absentee and has already remained absent on seven different occasions. Vide order dated 19-7- 1999 his appeal was rejected on the ground that he has chequered service record as there are as many as 39 punishments to his discredit all on the charge of absence. This is his 3rd dismissal. He has rendered 12 years service out of which 10 years service is not qualified towards pension as he has been awarded the punishment of forfeiture of 8 years' approved service and two years as leave without pay during his entire service. Learned counsel for the appellant further argued that the appellant was awarded the major punishment of dismissal from service without conducting proper inquiry.
4. The respondents in their objections to the memorandum of appeal have stated that the appellant has chequered service record as there are as many as 39 punishments at his discredit, all on the charge of absence. This is his 3rd dismissal. He has rendered 12 years service out of which 10 years is not qualified towards pension as he has been awarded the punishments of forfeiture of 8 year's approved service and two years as leave without pay during his entire service. His written as well as oral explanation have been considered and found unsatisfactory. He is an habitual absentee and incorrigible type of person. His appeal is, therefore, rejected being without any substance.
5. The appellant in his departmental appeal before D.I.-G. Stated that on 5-1-1999 the applicant was present in District Police, Lines, Lahore. At night, during the rest, the applicant received message that his brother-in-law received severe injuries during an accident. The applicant applied for the leave but unfortunately, he could not get it. In this tense situation, the applicant went to the place of accident to take his brother-in-law to hospital without leave or permission. The applicant had to arrange for the blood which was a difficult task. There are seven children of his sister and besides him, there was no one to look after him. All the efforts of the applicant were in view because he could not save the life of his brother-in-law. He died. The applicant remained absent for 21 days. The applicant was only one to help his sister during the critical time. The applicant was issued show-cause notice and summoned in orderly room. The applicant was dismissed from service but his appeal was rejected on account of his previous service record without considering his plea and without conducting regular inquiry against him. It was held in 1993 SCMR 828 that if allegations against accused civil servant/employee are of serious in nature and if he denied the name, regular inquiry cannot be dispensed with. According to the memorandum No,2856- 2898/pin. Dated 2-10-1996 of the I.-G.P. To all D.I.-G.s and all S. Ps. Punjab the regular inquiry must be conducted into the matter.
6. The appellant was awarded the major punishment of dismissal from service mainly on the ground of his previous service record. It is admitted by the respondents that 8 years service was forfeited and two years service was treated without pay. During his entire service the appellant was thus, already granted punishment for his previous irregularities. Previous omissions could not be made the justification for future penalties, particularly when omission has already been adjudicated upon administratively. Reliance is placed on 1998 PLC (C.S.) 648. The appellant was removed from service on the ground of 21 days absence. The plea of the appellant that he remained absent because his brother-in-law was seriously injured in an accident and dispite all his efforts he died was not considered/verified by the respondents. The punishment awarded to the appellant does not commensurate the punishment awarded to the appellant.
7. I, therefore, partially accept the appeal. The major punishment of dismissal from service is converted into minor punishment of Censure under rule 49(a) of Punjab Police (E&D) Rules, 1975.
The appellant is reinstated in service with back benefits. The intervening period shall be treated as extraordinary leave without pay. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.