JUDGMENT : Leave granted 2. This appeal arises out of judgment and order dated 26th July, 2002 passed by the High Court of Jammu and Kashmir at Jammu in L.P.A. No. 432A/1998. 3. The appellant was a Police Constable in the Central Industrial Security Force. He joined service in the year 1971 and on 24th June, 1993 lie went on leave for a period of two months. Thereafter lie absented himself from duty and disciplinary proceedings were initiated against him. Vide order dated 18.2.1994 passed by respondent No. 2- Commandant, lie was ordered to be dismissed from service. The appellant preferred an appeal before the Deputy Inspector General, North Zone whereby the D.I.G. vide order dated 17th May, 1994 allowed the appeal partly and the punishment of removal from service impleaded by the Disciplinary Authority was modified to the extent of compulsory retirement from service. However, the Appellate Authority ordered to withhold 1/ 3rd of his pension and gratuity. The appellant would be entitled to receive ?rd of his pension and gratuity. Aggrieved by that order, the appellant herein filed a petition in the High Court which was dismissed. It is against the said order of the High Court, the appellant has come before us by way of special leave. 4. We have heard the learned counsel for the parties. 5. Learned counsel for the respondents pointed out that under the Rules when an officer is removed from service an order could be passed withholding a portion of the pension and gratuity. But, in the instant case, the appellant has put in about 22 years of service and the misfeasance, if any, on his part is absenting from duty. It is also proved that during that period the appellant had some mental problem. Therefore, having regard to these facts, we hold that the reduction of his pension and gratuity was not warranted in the Order dated September 19, 2003 in C.A. No. 7923 of 2003. (Arising out of S.L.P (C) No. 905 of 2003. circumstances of the case and that the modified to the above extent. appellant is entitled to get his full pension and gratuity. The order impugned herein is modified to the above extent. 6. The appeal stands disposed of, accordingly.