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2008 Supreme(SC) 1394

S.B.SINHA, CYRIAC JOSEPH
State of Punjab – Appellant
Versus
Prem Sarup – Respondent


ORDER

Leave granted.

1. This appeal is directed against the judgment and order dated 22.11.2005 passed by a learned Single Judge of the Punjab and Haryana High Court in Regular Second Appeal No.1581/1988 whereby and where under the appeal preferred by the appellants herein from a judgment and decree dated 5.1.1988 passed by the Additional District Judge, Patiala reversing the judgment and decree dated 29.10.1985, for declaration that the order of the Senior Superintendent of Police dated 1.7.1981 endorsing and reviving that order as also that of the disciplinary authority thereby punishing the respondent herein by imposing a punishment of forfeiture of service on the respondent for a period of two years and the order of the D.I.G., the appellate authority as also the Inspector General of Police, Revisional authority were illegal.

2. The basic fact of the matter is not in dispute.

3. Respondent was a police constable. For commission of the alleged offence under Section 170 of the Indian Penal Code in the year 1974, he was prosecuted in the year 1979. He was convicted. However, a criminal appeal was preferred by him. By a judgment and order dated 8.1.1979, the learned Additional Sessio






















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