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2023 Supreme(Del) 5686

SATISH CHANDRA SHARMA, SANJEEV NARULA
Surender Prasad – Appellant
Versus
Central Public Works Department (Cpwd) – Respondent


Advocates appeared:
Mr. Anuj Aggarwal and Ms. Shreya Kukreti, Advocates, for the Appellant.
Mr. Jaswinder Singh, Advocate, for the Respondent.

JUDGMENT

Satish Chandra Sharma, C.J. (Oral) - The present LPA arises out of a judgment dated 16.11.2022 passed by the Ld. Single Judge in W.P.(C) No. 7487/2005 titled `CPWD Vs. Presiding Officer & Ors.' (the "Impugned Judgement").

2. The facts of the case reveal that the Appellant was appointed as a muster roll employee i.e., Muster Roll Assistant Wireman on 27.01.1983 by the Respondent. On 04.05.1989, a First Information Report bearing No. 82 of 1989 came to be registered against the Appellant in relation to an offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 ("IPC") (the "FIR"). Thereafter, on 05.05.1989, the Appellant was allegedly illegally arrested by Delhi Police and subsequently, produced before the Magistrate on 12.05.1989. In May 1989, the Respondent learnt about the Appellant's arrest through a newspaper report which was confirmed vide a letter dated 31.05.1989 issued to the Respondent by Police Station ("PS") Inder Puri, Delhi.

3. In this context, on 21.06.1989 the Appellant's services were stated to have been terminated by the Respondent retrospectively with effect from 05.05.1989. On 10.08.1990, the Appellant was released on parole by the Addi

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