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1969 Supreme(Pat) 34

G.N.PRASAD
D. S. Bhoria And Another – Appellant
Versus
N. Singh – Respondent


Judgment

1. "In any suit or proceeding against any superior Officer or member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority." Sub-Section (3) of Sec.20, which is directly relevant for the present purpose, reads -

"Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any superior officer or member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding."

2. As already stated the second petitioner had been commanded to assist the Assistant Traffic Superintendent in the work of checking ticketless travelling. By reason of Sec.15, he must be deemed t





















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