Singh Vs. State of Punjab & Ors  INSC 143 (29 January 1996)
O R D
have heard the counsel on both sides.
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.
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.
is accordingly allowed. No costs.
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