ORDER : K. Ramaswamy and B.L. Hansaria, JJ. - Leave granted. 2. Heard counsel on both sides. Admittedly, the appellant was appointed on July 25, 1991. The appellant was absent from duty from July 5, 1992 to July 11, 1992. Though he was due to join duty on July 12, 1992, instead, he joined duty on July 16, 1992. Thereby there was a gap of five days absence from duty without leave. Sub-sequently, he filed the medical certificate. Exercising the power under paragraph 12.21 of Punjab Police Rules, the Senior Superintendent of Police, Ferozepur has discharged him from service. The appellant challenged in the High Court in C.W.P. No. 16654 of 1992. The High Court by its order dated 3.3.1994 dismissed the writ petition. Thus this appeal by special leave. 3. It is admitted by the respondents in the counter affidavit that the appellant had submitted his Medical Certificate but they are not satisfied, and on subjective satisfaction that the appellant was not likely to prove efficient in discharging the duty, exercising power under 12.21 he was discharged from service. The authorities are to consider the question objectively on the basis of the material and to take a decision whether the concerned employee is likely to prove efficient in the discharge of his duty. 4. In view of the fact that the appellant had over-stayed only for five days that too on one occasion, we think that the respondent was not justified in discharging the appellant from service. Under these circumstances, the order of discharge is set aside and the respondent are directed to take back the appellant forthwith into service with all consequential benefits except the payment of back wages. 5. The appeal is accordingly allowed. No costs. Appeal allowed.