Law:

Section:

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Ss. 5(1)(b)(ii), 7(f), proviso (ii)--- Dispensation of inquiry---Propriety---Absence without leave for seven days---Major penalty---Dismissal from service---Appellant-police official took up the plea that he was fatigued with over work and upon refusal of his request for leave by the SHO he absented himself from duty on account of his physical condition, and that he had tendered a medical certificate issued by the Government Hospital---Validity---No medical certificate was available on the Court's record---Service Tribunal took into account the 27 prior instances during appellant's service when he was punished with minor penalties for absenting himself from duty without approval---Provision of S. 5(1)(b)(ii) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, required reasons to be recorded for initiating proceedings against a government servant or for documentary evidence to be available with the department to justify such action---Neither documentary evidence nor reasons were available in the show-cause-notice or in the impugned dismissal order passed against the appellant---Appellant had been subjected to a major penalty terminating his service prematurely---Spirit of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 was that such terminal punitive action against a civil servant should be taken after an inquiry had been conducted---In the present case, whether the appellant had a satisfactory explanation for his absence for the period mentioned in the show-cause-notice had not been attended to by the department---Opportunity to record evidence ought to have been granted to the appellant---Likewise, the availability of documentary evidence, if any, with the department that justified dispensation of an inquiry ought to have been disclosed/confronted to the appellant---In the absence thereof, the impugned punishment had been imposed upon the appellant without complying with the provisions of the law---Impugned dismissal order of appellant was set aside and he was reinstated in service--- Supreme Court directed that the department shall…

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