Mr. Mahabir Singh Sindhu , J. (Oral):- State of Haryana and its officers/defendants-appellants have filed the present Regular Second Appeal against the impugned judgment and decree dated 08.03.1999 passed by learned Additional District Judge, Hisar here-in-after referred as “First Appellate Court” vide which an appeal preferred by the plaintiff-respondent against the judgment and decree dated 27.03.1998 passed by learned Civil Judge (Junior Division), Hisar, here-inafter referred as “trial Court” thereby dismissing his suit for declaration had been accepted and his dismissal from the post of constable in Haryana Police was converted into compulsory retirement.

2. Brief facts of the case are that the plaintiff-respondent filed a suit for declaration to the effect that the order of his dismissal from service dated 25.07.1992 (Ex. P-1) passed by the Superintendent of Police Jind, (for short, ‘SP Jind’), the appellate order dated 14.01.1993 and the revisional order dated 12.01.1994 passed the Deputy Inspector General of Police, Hisar Range Hisar, (for short, ‘DIG’) and the Director General of Police Haryana, (for short, ‘DGP’) respectively, are bad in law and not binding on his rights. Further, prayer was that plaintiff-respondent be allowed to continue in service along with all pay and allowances. It is the pleaded case of the plaintiff-respondent that initially he was appointed as a constable in Haryana Police on 18.03.1976 and while posted in District Jind, the disciplinary proceedings were initiated against him on the allegations of unauthorized absent from duties w.e.f. 11.03.1991 which ultimately resulted into his dismissal from service. Statutory appeal as well as revision were also rejected by the competent authorities and that led to filing of the civil suit. Various grounds were raised in the plaint including that plaintiffrespondent was not able to resume his duties on account of his ill-health and he was undergoing treatment in Medical College Hospital, Rohtak but that aspect of the matter was not considered by any of the authorities. Point was also raised that mere absence from duty does not invite the punishment from dismissal from service. Ultimately it has been submitted that the punishment awarded is highly excessive in view of the facts and circumstances of the case.

Defendants-appellants filed their written statement and raised preliminary objections to the effect that learned Civil Judge at Hisar has no jurisdiction to entertain the present suit as the dismissal order has been passed by the S.P. Jind and no cause of action has arisen at Hisar.

On merits it was submitted that all three orders passed by the Departmental Authorities were perfectly legal and valid and do not require any interference. It has been submitted that plaintiff-respondent examined four witnesses in his defence before the Enquiry Officer; but none of them was able to support his case regarding the factum of his illness on account of snake-biting and treatment from Medical College & Hospital, Rohtak during the period of absence and even from the cross-examination of prosecution witnesses also he was not able to elicit anything in his favour before the Enquiry Officer. It is further submitted that delinquent should have got sanctioned his leave before he left the station; but he did not care even to inform the department regarding his absence for any such treatment. It is further submitted that enquiry was perfectly legal as per service rules and his wilful absence from duty stands proved and that amounts to gravest act of misconduct and for this he deserves the punishment of dismissal from service only.

The plaintiff-respondent filed replication and reiterated his submissions made in the plaint and in addition submitted that since the appellate order has been passed by DIG, Hisar and therefore the Civil Court at Hisar h