JUDGMENT :

Sudhanshu Dhulia, J.

1. Leave granted. The State of Rajasthan is in appeal before this Court against the order dated 09.09.2020, passed by a Division Bench of Rajasthan High Court (Jaipur Bench). By the impugned order the Division Bench has upheld the order of the learned Single Judge which had allowed the writ petition of the present respondent, quashing his dismissal from service.

2. Respondent Phool Singh had entered Rajasthan Police Service as a constable, in the year 1987. The same year, while he was posted at the Police Station Mania, District Dholpur (Rajasthan), he allegedly committed a criminal offence, apart from an act of gross indiscipline. On the fateful day of 15.10.1987, he was wandering around the town in the evening, in company of one Lokman. Respondent was off duty but in police uniform, when he allegedly caught one Mahesh Kumar and demanded Rs.100/-from him. On his refusal, Mahesh Kumar was asked to show the papers of his motorcycle and when he failed to show these papers, Phool Singh took hold of this motorcycle, and then tried to run away with it. Meanwhile, due to the alarm raised by Mahesh Kumar a crowd also gathers in support of Mahesh Kumar. At this