judgment

Aftab Alam, J. —

1.This appeal is directed against the order dated 3.2.2001 passed by a Learned Single Judge of the Punjab and Haryana High Court, dismissing in limine the second appeal filed on behalf of the State of Punjab (the Appellant). As a result, the concurrent judgments and decrees passed by the trial court and the first appellate court in favour of the plaintiff-respondent were upheld.

2.The respondent joined the Punjab Police as a constable and on 1.4.1999 he was promoted to the rank of Assistant Sub-Inspector. According to the respondent, his promotion as Assistant Sub-Inspector was made by an order passed by Deputy Inspector General of Police, Ferozepur. In 1993, the respondent was subjected to a departmental proceeding on the charge that as in-charge, of the escort of the Deputy Commissioner Ferozepur, he, in league with LC Latwinder Singh, driver, stole 3339 liters of petrol by making wrong entries in the log book. In the departmental enquiry the charge against the respondent was established and on the basis of the enquiry report the Senior Superintendent of Police, Ferozepur passed the order, dated 28.2.1995 giving the respondent the punishment of with-holding