- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) This appeal by special leave arises from the order of the Punjab and Haryana High Court, made on October 4, 1995 in Writ Petition No. 9718 of 1994. Action was taken under Punjab Police Rules for taking disciplinary action against the respondent for his failure to report for duty during period from November 21, 1991 to October 31, 1992. An inquiry was conducted against the respondent and it was found that his absence was wilful. The High Court has set aside his removal from service on the ground that subsistence allowance was not paid to him and, therefore, his absence was not wilful. Rule 16.21 reads as under:- "16.21 - Status and treatment of Officer under suspension - (1) A police officer shall not by reason of being suspended from office cease to be a police officer. During the term of such suspension the powers, functions and privileges vested in him as a police officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended." ;