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1998 Supreme(SC) 760

A.P.MISRA, K.VENKATASWAMI
SUKHMANDAR SINGH – Appellant
Versus
State Of Punjab – Respondent


( 1 ) THIS appeal is preferred against the order dated 1-12-1995 of the High court of Punjab and Haryana dismissing RSA No. 2475 of 1995 in limine.

( 2 ) THE appellant was appointed as a Constable on 27-8-1981. It was found later that he got the appointment by producing a false Matriculation certificate. The services of the appellant were terminated on 29-7-1983 on the ground that he secured the employment by producing a false matriculation Certificate. The appellant was also prosecuted for securing employment by producing a false certificate. However, the learned Judicial magistrate, 1st Class, Patiala, acquitted the appellant of the charge on 3-3-1990. Thereafter, on 7-9-1990, the appellant filed a suit for a declaration that the order of termination dated 29-7-1983 was illegal, null and void and for other consequential reliefs. That suit was dismissed by the trial court on 24-8-1994, both on merits as well as on the ground that it was barred by limitation. The appeal preferred against that judgment was also dismissed on 27-7-1995 by the first appellate court on the ground of limitation. The High court declined to interfere with the judgment of the trial court affirmed by the app


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