Law:

Section:

(a) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R. 4---Dismissal from service for misconduct--Policeman remaining absent without leave for 134 days---Plea that employee was not given opportunity of personal hearing by Authority, belied by record---Record showed that show-cause notice was issued to employee requiring him to appear before Authority within specified period but he declined to appear claiming illness---Employee, thus wilfully did not appear before Authority for personal hearing with the sole aim of making capital out of it before the appellate forum---Appellate order of Departmental Authority also clearly showed that employee was given personal hearing---Employee himself admitted before Service Tribunal that he was personally heard by the Departmental Appellate Forum---Employee's plea that he was not given personal hearing by Departmental Appellate Forum was thus factually wrong. (b) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R. 4---Punjab Service Tribunals Act (IX of 1974), S. 4---Dismissal on ground of absence without leave---Employee claimed illness but failed to establish such plea by means of any evidence to the effect that his illness was so severe, acute and perpetual as to completely incapacitate him and to render him unable to appear even once, throughout 134 days of absence from duty, before Authority or any other of his superiors just to intimate/explain to them his condition---Such abnormal and dubious conduct of employee showed that his claim of illness was merely a farce planned to cover up his prolonged wilful absence from duty--­Employee's plea regarding his illness thus appeared to be devoid of any truth as also the medical certificates produced by him---Employee having failed to bring out and establish any irregularity, factual or legal, in the impugned orders, charge of wilful absence from duty for a period of 134 days stood unrebutted and fully proved from record---No cogent reasons to interfere with the impugned orders having been made out, appeal was dismissed. JUDGMENT MALIK ABDUL AZIZ (MEMBER).--On account of his wilful absence from duty for a total period of 134 days from 16-8-1986 to 19-8-1986…

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