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1991 Supreme(P&H) 522

G.R.MAJITHIA
S. K. Sayal – Appellant
Versus
State Of Punjab Through The Secretary To Govt. Punjab Dept. Of Home Affairs And Justice – Respondent


Judgment

1. The only dispute arising for adjudication in this Regular Second Appeal is that the plaintiff-appellant should have been allowed interest on the amount due to him at the rate of 15% per annum and not at 6% per annum as has been done by the first appellate Court.

2. The facts. The plaintiff, an Advocate of this Court, was appointed as Assistant Advocate-General, Punjab with effect from 15/07/1976. His service record throughout was categorised as good and very good. His services were terminated by order dated 15/06/1982 on the ground that he had interpolated the opinion in the case State V/s. Mohinder Singh (Crl A. NO. 614-DB of 1980) filed appeal against the order of termination from service. In the meantime, the apex Court decided the criminal appeal titled Mohinder Singh V/s. State of Punjab and the judgment is reported as AIR 1985 SC 383. The apex Court held that there was no interpolation and that the Public Prosecutor was authorised by the Under Secretary (Home) to file appeal before the High Court against the acquittal and the High Court had erred in holding that the appeal filed by the State was not properly presented. Having been exonerated of the charge of interp




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