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PETITIONER: THE STATE OF PUNJAB
Vs.
RESPONDENT: KHARAITI LAL.
DATE OF JUDGMENT: 08/05/1956
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. JAGANNADHADAS, B.
CITATION: 1956 AIR 551 1956 SCR 569
ACT: East Punjab Essential Services (Maintenance) Act, 1947 (East Punjab Act XIII of 1947), ss. 3, 5, 7-Complaint-Whether it should be authorised by the State Government-Police Act, 1861 (V of 1861), ss. 22, 29-Absence from Police Lines- Neglect of duty Whether amounts to abandonment of employment or absence from work.
HEADNOTE: Section 7(3) of the East Punjab Essential Services (Mainten- ance) Act, 1947, provides that "no court shall take cognisance of any offence under this Act except upon complaint in writing made by a person authorised in this behalf by the State Government". Held, that the law does not require that the particular com- plaint should have been authorised by the State Government and it is sufficient if it has been filed by a person authorised by the State Government to do so. Neglect of duty as contemplated by s. 29 of the Police Act, 1861, is quite different from abandoning an employment or absenting oneself from work without reasonable cause within the meaning of s. 5(b) of the East Punjab Essent...