JUDGMENT

S.B.MAJMUDAR, J.

(1) LEAVE granted.

(2) WITH consent of learned Counsel for the parties this appeal was taken up for final hearing forthwith.

(3) A short question is involved in the present appeal by grant of special leave. The appellant is the original plaintiff. He was, at the relevant time, working as a Constable under Punjab Police Department. He came to be discharged from service by the impugned order dated 14th February, 1992 which is Annexure P-2 in the paper book. According to the respondent-authorities the said order was an order of simplicitor discharge as per Rule 12.21 of the Punjab Police Rules, 1934. The appellant challenged the said order by filing a civil suit in the court of learned Sub-Judge, lind Class, Jalandhar. The trial court, after recording evidence, came to the conclusion that the impugned order of discharge was not an order of simplicitor discharge, but was by way of penalty and amounted to dismissal of the appellant from service. Consequently, the trial court decreed the suit by order dated 7th March 1995 granting declaration and all consequential benefits to the appellant. This order of the trial court was c