JUDGMENT :

NAMIT KUMAR, J.

1. Instant Regular Second Appeal has been filed by the State of Punjab against the judgment and decree dated 12.02.1998 passed by the Court of learned Civil Judge (Junior Division), Gurdaspur, whereby suit filed by the respondent-plaintiff for declaration was decreed as well as against the judgment and decree dated 17.05.2000 passed by the Court of learned District Judge, Gurdaspur, whereby appeal filed by the State against the judgment and decree dated 12.02.1998, has been dismissed.

2. In nutshell, the facts of the case emanating from the record are that plaintiff-Inderjit Singh filed a suit for declaration to the effect that impugned order dated 18.02.1993 passed by defendant No. 3-Senior Superintendent of Police, Amritsar, by virtue of which plaintiff was dismissed from service, is illegal, unlawful, unjustified and against the principles of natural justice. It was pleaded that the plaintiff was appointed as Constable on 05.08.1986 on permanent basis and he performed the duties efficiently, honestly and to the satisfaction of his superiors. He was posted on guard duty at PWD Rest House, Amritsar, but he was suddenly fell ill on 08.12.1991. His father cam