S.MURTAZA FAZAL ALI, A.D.KOSHAL, P.S.KAILASAM
State – Appellant
Versus
Air Commodore Kailash Chand – Respondent
JUDGMENT
FAZAL ALI, J.:— This appeal by certificate is directed against the judgment dated 27 th April 1973 of the Andhra Pradesh High Court allowing the revisional application and quashing the proceedings taken against the respondent for offences committed under S. 5 (2) of the Prevention of Corruption Act.
2. In the view that we take in the case, it is not necessary to give the facts in detail. It appears that the respondent was member of the Indian Air Force having entered the service on 17th November 1941. He retired from the service on the 15th June 1965 but was re-employed for a period of two years with effect from 16th June 1965. On 7th September 1966, the respondent was transferred to the Regular Air Force Reserve with effect from 16th June 1965 to 15th June 1970, i.e., for a period of five years. In other words, the respondent was transferred to the Auxiliary Reserve Air Force under the provisions of the Reserve and Auxiliary Air Forces Act 1952 (hereinafter to be referred to as the Act) and rules thereunder. On 13th March 1968, the re-employment given to the respondent ceased and his services were terminated from 1st April 1968.
3. A chargesheet was submitted against the re
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