- (1.) At the very outset Mr. Chhabra states that the brief was taken away by the respondent. However, since the matte relates to an occurrence which took place more than 20 years ago, I have requested him to continue representing the respondent. This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent whereby he has challenged his order of termination from service.
(2.) The respondent joined as a Constable in the year 1967 and was promoted as ASI on 04.12.1990. He proceeded on five days' casual leave on 23.2.1992 and never joined back. Ultimately after regular inquiry in which also he did not join the impugned order dated 15.12.1992 was passed by the S. S. P. dismissing him from service.
(3.) Both the Courts held that since the order of promotion was passed by the DIG, only the DIG was competent to take action against the respondent.;