JUDGMENT

Kirpal, J.-This is an appeal by special leave challenging the order of the Punjab & Haryana High Court which had allowed the respondent s Writ Petition challenging the decision of the appellant to the effect that the respondent was not allowed to cross the efficiency bar.

2. The respondent had joined the service under the appellant as Mali-cum-Chowkidar in 1972. According to the appellant, the respondent was not discharging his duties to the best of his ability and honesty. It was alleged that on 9.3.1987 the respondent attempted to misappropriate one bag of wheat from the godown of the appellant but was caught red-handed. The respondent confessed to his guilt and requested that he may be excused. On an earlier occasion he had failed to perform a night duty and had also misbehaved with his senior officer. Vide his letter dated 26.2.1987, the respondent had admitted having committed the said mistakes and again requested that he may be excused.

3. In respect of the year 1986-87, an adverse entry was recorded in the respondent s Confidential Report to the effect that his honesty and integrity was doubtful and that he had not been attending his duties efficiency and had been laz