IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH REGULAR SECOND APPEAL 824 OF 1998 DECIDED ON : July 30,2008 The State of Punjab ....Appellants Versus Constable Tarsem Singh ....Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI Present: Mr.B.S.Dhillon, DAG, Punjab None for the respondent AJAY TEWARI, J The State of Punjab has come up in this appeal against the concurrent findings of two Courts below setting aside the discharge order of the respondent during the first three years of his service under Rule 12.21 on the ground of unauthorised absence of 16 days from 22-03-1991 to 24-03-1991 and 07-08-1991 to 19-08-1991. Both the Courts have set aside the discharge order on the ground that the said order was stigmatic since it has been mentioned therein that the respondent had remained absent during the course of his training without any valid reasons and this shows that the respondent is careless and irresponsible and that he had been warned on earlier occasions too. Learned counsel for the State relied upon the case of Vinod Kumar versus State of Haryana reported as 1986 (3) SLR 311 to convass that the provisions of Rule 16.24 would not be attracted to the case of a police officer whose services are sought to be dispensed with within 3 years of his appointment. I have gone through the judgement but in my opinion it does not advance the case of the appellant. In the said judgement, it has been clearly mentioned that the order was simple order of discharge and no reasons were given --2-- therein. As mentioned above in the instant case, detailed and stigmatic reasons have been recorded to discharge the respondent. I, thus, find no infirmity in the legal position taken by the Courts below. The appeal is, therefore, dismissed. Consequently, the suit filed by the plaintiff is decreed and the discharge of the plaintiff is set aside. The plaintiff shall be reinstated with continuity of service and all other consequential benefits. However, he would not be entitled to back wages. Sd/- [Ajay Tewari] Judge July 30,2008 MandeepKaur