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2022 Supreme(SC) 182

K. M. JOSEPH, HRISHIKESH ROY
Sukhdarshan Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Gurminder Singh, Mr. Pushpinder Singh, Ms. Shalini Kaul.
For the Respondents: Mr. D.S. Patwalia, Mr. Sehaj Bir Singh, Ms. Ranjeeta Rohatgi.

JUDGMENT :

K.M. JOSEPH, J.

1. The appellant was appointed as a Clerk on 27.12.1979 by the State Transport Department. A criminal case (FIR) came to be registered on 02.09.1986. The allegations against him apparently pertained to alleged acts of embezzlement. It was followed by a charge-sheet on 06.10.1988. In connection with the said case, the appellant came to be suspended w.e.f. 02.09.1986. While he was undergoing suspension, yet another occurrence took place which led to FIR No. 51/1995 being registered under Sections 307 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). The appellant came to be convicted by the trial court with regard to FIR No. 51/1995 by judgment dated 17.09.1996. The appellant filed Criminal Appeal No. 703-SB/1996 against the conviction. The appellant was convicted under Section 324 read with Section 506 of the IPC by the trial court.

2. After a period of six years, the appellant came to be served with show cause notice dated 24.07.2002 under the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as ‘1970 Rules’ for brevity). Rule 13(i) of the ‘1970 Rules’ reads as follows:

    “Special procedure in certain ca

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