STATE OF PUNJAB vs AVTAR SINGH (DEAD) BY LRS.

The Supreme Court held that the dismissal of a police constable under Rule 12.21 of the Punjab Police Rules, 1934, for absence without permission constitutes a serious misconduct. The Court emphasized that while the rule allows for dismissal within three years of enrolment, the principles of natural justice require that an opportunity be given to the employee before such a punitive action is taken. The Court upheld the High Court's decision that the dismissal was stigmatic and not in accordance with due process, thereby affirming the lower court's ruling in favor of the respondent.