JUDGMENT

Dr. AR. Lakshmanan, J. - Leave granted.

2. Heard learned counsel for the appellants and the respondent.

3. We have perused the orders passed by the courts below and the relevant rules.

4. The respondent was appointed on 02.12.1989 as a Constable. He was discharged from service on 18.10.1992 under Rule 12.21 of Punjab Police Rules. Rule 12.21 reads as under :-

"12.21. Discharge of inefficient:

A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent of police at any time within three years of enrolment. There shall be no appeal against an order of discharge under the rule"

5. It is also the case of the Department that the respondent being an unauthorised absentee, the Superintendent of Police found him unlikely to prove an efficient police officer as per high standard of discipline as being expected from police personnel. The above submission of the learned counsel for the appellants is supported by a recent decision of this Court in State of Punjab & Ors. vs. Sukhwinder Singh, (2005) 5 SCC 569, which is also a case of a police constable and the discharge of the said police officer before completion of probation period of