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2021 Supreme(Raj) 66

SABINA, MANOJ KUMAR VYAS
State of Rajasthan – Appellant
Versus
Mahendra Singh Ola – Respondent


Advocates Appeared:
For the Appellant :Vivek Dangi, Advocate.
For the Respondents:Rajendra Prasad Sharma and Sanju Saini, Advocates.

JUDGMENT :

Manoj Kumar Vyas, J.

1. By this order all three appeals are being disposed of as they involve common question of law.

Facts of S.B. Civil Writ Petition No. 12107/2012

2. The case of the petitioner Mahendra Singh Ola in the petition is that he is an Ex-Army personnel. In pursuance to the advertisement issued by the respondents for the post of Sepoy, the petitioner applied as an Ex-Army Personnel and after due process he was appointed in Excise Preventive Force. After successful completion of training, the petitioner started discharging his duties as a Sepoy under District Excise Officer, Jhunjhunu of Excise Preventive Force, Chirawa, Jhunjhunu. While the petitioner was on duty at Chirawa, he received an information regarding a dispute in his family members. Thereupon, the petitioner proceeded to his village by taking one day's casual leave for 8.5.2012. However, a false FIR was lodged against other members of his family for offences under Sections 451, 323 and 379 of IPC, wherein the petitioner was also falsely implicated. In connection with the said FIR, the petitioner was arrested on 15.5.2012 and subsequently he was released on bail on 19.5.2012. Respondent No. 1, without

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