MALKIAT SINGH versus STATE OF PUNJAB AND ORS.

MALKIAT SINGH versus STATE OF PUNJAB AND ORS.

Absence on three occasions, especially the third justified by medical certificate, cannot be considered regular absence establishing inefficiency; one more opportunity ought to be given and discharge order is set aside.

Parties
Appellant: Malkiat Singh; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
29 January 1996
Procedural Posture
Civil Appeal / Final Order
Outcome
Appeal allowed
Legal Topics
Police Constable Discharge, Absence From Duty, Reinstatement
Service Law Police Constable Discharge Absence From Duty Reinstatement

Case Brief

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Parties

Malkiat Singh

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Order

Legal Issues

  1. 1 Whether irregular attendance and absence on three occasions constitute grounds for discharge from service for inefficiency
  2. 2 Whether absence on third occasion was deliberate

Ratio Decidendi

Absence on three occasions, especially the third justified by medical certificate, cannot be considered regular absence establishing inefficiency; one more opportunity ought to be given and discharge order is set aside.

Court Disposition

Appeal allowed

Orders

  • Order of discharge set aside
  • Appellant to be reinstated in service forthwith