Judgment

S. Saghir Ahmad, J.-The respondent who was a police constable in Punjab was dismissed from service on 1.6.1988 after a regular depart­mental enquiry on the charge of unauthorised absence from duty. This order was challenged by the respondent in a suit filed in the trial Court on 16.7.1990 which was decreed on 12.5.1993 and the order of dismissal was set aside as it was found by the trial Court that the defendants having themselves regularised and treated the period of respondent’s absence from duty as the “period of leave without pay”, could not legally say that he was guilty of misconduct for unau­thorised absence from duty. The trial Court also recorded a finding that the respondent’s statement that he was not given an opportunity of personal hearing and that his signatures were obtained under duress in the departmental proceedings was not controverted by the appellant as no evidence was produced by the appellant in defence.

2. The decision of the trial Court was challenged in appeal before the District Judge which was disposed of by the Addl. District Judge, Jalandhar on 15.1.1996 with the following findings :

“In view of the above brief discussion, I am of the considered