ORDER

1. HEARD COUNSEL FOR THE PARTIES.

2. LEAVE GRANTED.

3. THE APPELLANT HEREIN WAS APPOINTED AS A SPECIAL POLICE OFFICER IN THE PUNJAB POLICE FORCE. SUBSEQUENTLY, THE APPELLANT ALLEGEDLY COMMITTED RAPE AND WAS PROSECUTED UNDER SECTION 376 IPC. WHILE THE PROSECUTION WAS IN PROGRESS, THE APPELLANT WAS DISCHARGED FROM SERVICE BY AN ORDER DATED 2-1-1998 PASSED BY THE SUPERINTENDENT OF POLICE, GURDASPUR. THE ORDER PASSED AGAINST THE APPELLANT RUNS AS UNDER:

"SMT SRISTA DEVI, WIFE OF BALJIT RAJ SANSI, RESIDENT OF AWANKHA REPORTED THAT SHE WAS GOING TO THE FIELDS TO ANSWER THE CALL OF NATURE ON 1-10-1997 AT ABOUT 8.00 P.M. ON THE WAY CONSTABLE HARDIAL SINGH, NO. 495/GSP AND SPO JASPAL SINGH, NO. 73/AC OF POLICE STATION DINA NAGAR CAUGHT HOLD OF HER AND COMMITTED RAPE ON HER WITHOUT HER CONSENT. CASE FIR NO. 155 DATED 2-10-1997 UNDER SECTIONS 376/34 IPC POLICE STATION DINA NAGAR HAD BEEN REGISTERED IN THIS CONNECTION. THE ABOVE ACT ON THE PART OF SPO JASPAL SINGH, NO. 73/AC IS GRAVE MISCONDUCT AND LIABLE TO PUNISHMENT. SPO JASPAL SINGH, NO. 73/AC IS HEREBY DISCHARGED FROM SERVICE WITH IMMEDIATE EFFECT."

4. AFTER THE ORDER OF DISCHARGE WAS PASSED, THE APPELLANT WAS ACQUITTED BY THE COURT