Rakesh Kumar Jain, J.

1. This second appeal preferred by the defendants is directed against the judgment and decree of both the Courts below by which the suit filed by the plaintiff for declaration was decreed.

2. In brief, the plaintiff filed a suit for declaration to the effect that order of dismissal from service passed by Senior Superintendent of Police, Patiala, dated 29.4.1985, order of dismissal of appeal by Deputy Inspector General of Police, PAP, Patiala Range, Patiala, dated 21.9.1985 and order of Inspector General of Police, Punjab, Chandigarh, dismissing his revision vide order dated 06.5.1986, are illegal and void being against the services rules.

3. It is alleged in the plaint that the plaintiff had joined in Punjab Police as a Constable on 15.2.1974 at Ropar and after completing his recruitment course, he was posted in District Police Force, Sangrur in the year 1978 and in District Police Force Patiala in the year 1984. In the month of April, 1984, he was posted in Police Station, Malerkotla. On 09.4.1984 at about 11.30 a.m, he was deputed for Mela duty at village Lossoi in the police party headed by Head Constable Harbhajan Singh. One Balwinder Kumar and Dar