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DELHI HIGH COURT
INDERMEET KAUR
Union of India – Appellant
Versus
Sushil Kumar – Respondent


JUDGMENT

Indermeet Kaur, J.

1. This appeal has impugned the judgment and decree dated 06.08.2005 which had reversed the findings of the trial Judge dated 20.07.1998. Vide judgment and decree dated 20.07.1998, the suit filed by the plaintiff Sushil Kumar seeking a declaration and mandatory injunction to the effect that his termination of service vide order dated 31.10.1988 be declared null and void had been dismissed. The impugned judgment had reversed this finding. The suit of the plaintiff stood decreed.

2. The plaintiff had joined the service of the Central Reserve Police Force (CRPF) as a Head-constable in 1969. At the relevant time i.e. on the date of the alleged offence, he was a Sub-Inspector. The charge leveled against him was that while serving as a Sub-Inspector between 12.01.1984 to 14.03.1984 he had committed serious negligence of his duties; he had left his duty for a volley ball match on 14.03.1984 without his personal weapon (stengun) which attributed in snatching away of fire arms by the extremists and causalities of CRPF and civilians; he had failed to exercise control and supervision in the said capacity and deliberately did not accompany his section as a membe

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