Judgment

MITTER, J.- By this appeal the State of Punjab challenges the judgment and order of the Punjab High Court upholding the decree of the Subordinate Judge, Gurgaon declaring that the dismissal of the respondent from service was illegal and inoperative. The respondent, a Sub-Inspector of Police was called upon to answer a charge framed on October 12, 1949 setting forth extracts from his confidential character roll showing his inefficiency and lack of probity while in service from 1941 to 1948 and to submit his answer to the prima facie charge of inefficiency as envisaged in paragraph 16.25 (2) of the Punjab Police Rules.

2. The respondent had joined the police service and had served as a Sub-Inspector in various places which are now in Pakistan before he was posted to Gurgaon in the year 1948. It appears that the view taken of his conduct and reputation by his superior officers over the years was not consistent. In some years he got what is known as a B certificate and in others an A certificate. According to rule 13.17 of the Punjab Police Rules, Superintendents of Police had to prepare personally and submit annually to the Deputy Inspector-General of Police confidential re