VIJAY BISHNOI, J.

1. This appeal has been preferred by the appellants challenging the Judgment dated 04.08.2010 passed in R.S.A No. 3802 of

2004 passed by the High Court of Punjab and Haryana.

2. The facts, in brief, are that the respondent was appointed as a Constable in the Punjab Armed Forces on 04.08.1989. In the year 1992, the respondent was transferred to the Commando Signature Not Verified Digitally signed by Force and was posted at Bahadurgarh, Patiala Headquarter of NIDHI AHUJA Date: 2025.08.29

17:22:08 IST Reason:

the 2nd Commando Battalion. The respondent applied for five days leave, however, was granted leave only for one day. He proceeded to leave on 02.04.1994 but did not join his duties on 04.04.1994, and instead resumed his duties only on 12.05.1994. The allegation against the respondent was that he remained absent from 04.04.1994 to 12.05.1994, i.e., for around 37 days.

3. For the said unauthorized absence, the departmental enquiry was initiated and a chargesheet containing allegations along with a list of prosecution witnesses was served upon the respondent on 07.08.1994. During the enquiry, statements of the prosecution witnesses were recorded, and an opportunity was