JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard counsel for both the parties.

2. This appeal arises from the order of a learned Single Judge of the Punjab and Haryana High Court dismissing the Second Appeal preferred by the State of Punjab in limine. The respondent was a police constable. A disciplinary inquiry was held against him for unauthorised absence from duty. At the conclusion of the disciplinary inquiry, the Superintendent of Police, Ropar, gave a notice to the respondent calling upon him to show-cause why he should not be dismissed from service. Respondent submitted his reply. At that stage, it appears, he was transferred from Ropar to District Sangrur. From District Sangrur he was transferred to District Patiala. The relevant file relating to disciplinary proceedings was also transferred to Patiala. On April 25, 1984 an order was passed dismissing the respondent from service. The order is signed by "Superintendent of Police, Patiala". At the foot of the said order, the names of persons to whom copies of the said order was sent are mentioned. Thereafter, there is the signature of "Sri J.P. Virdi, I.P.S., Superintendent of Police, Patiala".

3. The respondent filed a suit