JUDGEMENT

Sethi, J.-Leave granted.

2. The respondent, who was a constable of indo-Tibetan Border Police, was found over-drunk on 26th November, 1992 and absent at the time of the roll-call. It was alleged that under the influence of liquor he entered the house of Commandant of the Battalion and thus committed the offence punishable under Section 16(2) of the Central Reserve Police Force Act, 1949 (hereinafter called "the Act"), by which he was admittedly governed. Upon trial, the Commandant of the Battalion who was also having the powers of the Magistrate of First Class convicted the respondent under Section 10(n) of the Act and sentenced him to imprisonment for a period of three months. Aggrieved by the order of conviction and sentence, the respondent filed an appeal which was disposed of by the Additional Sessions Judge, XII, Bareilly upholding his conviction but modifying the sentence to the extent of till the rising of the court. The appellate court further directed that "this order shall not adversely affect the service career of the accused".

3. Aggrieved by the order of the appellate court, the appellant herein filed revision petition in the High Court submitting that