PETITIONER: MALKIAT SINGH Vs. RESPONDENT: STATE OF PUNJAB & ORS. DATE OF JUDGMENT: 29/01/1996 BENCH: K. RAMASWAMY, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted.
We have heard the counsel on both sides.
The appellant was appointed on April 20, 1990 and was
discharged from service on July 22, 1992 on the ground that
he remained absent from duty for more than 1 month 9 days.
Another ground was that he was irregular in attending to the
duty. So he could not prove himself to be an efficient
Constable. We had sent for the records which disclose that
he was absent on three occasions. On the first occasions
when he was called upon to report for duty at 12 noon, he
reported on September 10, 1990 and was late by six hours. On
the second occasion, he was absent, on June 30, 1991, from
night duty. The third occasion was on April 24, 1995. The
explanation offered for the absence on third occasion was
that since in his wife’s delivery certain complication had
arisen, he had to attend to his wife and so he could not be
present. The Medical Certificate in that behalf was
produced. In view of the Medical certificate, it cannot be
said that he had deliberately absented himself from duty. On
the previous two occasions, the absence for one day and in
another year for one night cannot be considered to be
regular absence so as to reach the conclusion that he had
not proved his efficiency. It is true that discipline is
required to be maintained, However, absence may sometimes be
inevitable. In the facts and circumstances of this case, an
opportunity may be given to the appellant to work
efficiently to prove his excellence. The order of discharge
is set aside. The respondents are directed to take the
appellant into service forthwith. If the appellant absents
himself again for two consecutive days within one year
without prior permission, appropriate action may be taken by
dismissing him from service. The appellant, however, is not
entitled to back-wages.
Appeal is accordingly allowed. No costs.