Judgment

G.P. Mathur, J.—This appeal, by special leave, has been preferred by the State of Punjab and others challenging the judgment and decree dated 30.1.2001 of the High Court of Punjab and Haryana by which the Second Appeal preferred by the appellants was dismissed and the decree passed by the courts below decreeing the respondent’s suit was affirmed.

2. The respondent Sukhwinder Singh joined on 4.8.1989 as a police constable and was allotted number 644 in District Amritsar in the State of Punjab. He was sent for training at Police Recruit Training College Jahan Khelan. He absented from duty w.e.f. 22.2.1990 without making any application for grant of leave or seeking permission for his absence. The Senior Superintendent of Police, Amritsar, passed the following order on 16.3.1990:-

“Constable Sukhwinder Singh No. 644/ASR of this District is discharged from service w.e.f. 16.3.1990 under Punjab Police Rules 12.21 as he is not likely to become an efficient police officer.”

The respondent Sukhwinder Singh filed a civil suit in the Court of Sub-Judge, Amritsar, seeking a declaration that the order dated 16.3.1990, passed by the Senior Superintendent of Police, Amritsar, discharging hi