Mr. Mohinder Pal, J.: - This regular second appeal has been filed by the State of Punjab (appellants-defendants) against the judgment and decree dated 16.12.1996 passed by the learned Additional District Judge, Patiala whereby the appeal filed by the plaintiff-respondent against the judgment and decree dated 13.6.1995 passed by the learned Sub Judge IInd Class, Patiala has been allowed.

2. The facts of the case are that the plaintiff (respondent herein) was working as a Constable in the Punjab Police. He was posted on guard duty of the Deputy Commissioner, Patiala. He remained absent from duty from 11.11.1987 to 30.1.1989 i.e. one year, 2 months and 21 days and a departmental inquiry was initiated against him, under the orders of Additional Superintendent of Police. The Additional Superintendent of Police appointed an Inspector as an Inquiry Officer to inquire into the matter, who framed a charge-sheet. The same was approved by the Additional Superintendent of Police. The respondent did not participate in the inquiry in spite of receiving summons and the Inspector held ex parte proceedings and submitted his report. A show cause notice was also served on him by the Senior S