FACTS-Balwinder Singh joined Police Forces in the year 1993. It is stated that in the year 2008, he proceeded on Ex-India Leave from the 16th of March, 2008 to the 14th of April, 2008. On the expiry of such period he opted not to return back though as per him he filed an application seeking an extension of leave through fax. It is argued that when the petitioner returned back, he found that his services already stood terminated by order dated 29th of December, 2008.

ISSUE- whether absence of police officer from his duty amounts to misconduct by him?

OBSERVATION- The counsel for the petitioner submitted that after the petitioner had applied for an extension of leave, the authorities ought to have passed the order on such application rejecting the same or accepting it.

The Court considered that the appellant voluntarily "kept away from his duties which were very much required by his department and the fact that the matter was duly enquired upon."

Acting Chief G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that it is settled principle by various judgments that a man in uniform has to maintain greater discipline and the act of remaining absent from duty is a gravest act of misconduct."