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2024 Supreme(P&H) 909

NAMIT KUMAR
Dharampal Sharma – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Prateek Mahajan, Advocate, and Mr. Daanish Mahajan, Advocate; For the Appellant
Mr. Surya Kumar, A AG, Punjab.

JUDGMENT

Namit Kumar, J.

This Regular Second Appeal is directed against the judgment and decree dated 12.10.1990, passed by the Court of learned Sub Judge 1st Class, Amritsar, whereby suit for declaration filed by the appellant-plaintiff was dismissed as well as against the judgment and decree dated 24.04.1999, passed by the Court of learned Additional District Judge, Amritsar, whereby appeal preferred by the appellant also met the same fate.

2. Parties to the lis are being referred to as per their status before the trial Court. Plaintiff filed a suit for declaration pleading therein that he was working as Veterinary Assistant Surgeon in the Animal Husbandry Department, Punjab. On 22.07.1977, he was apprehended under the Prevention of Corruption Act. He was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- under Section 5(l)(a) read with Section 5(2) of the Prevention of Corruption Act, 1988 by the Additional District and Sessions Judge, Amritsar, vide judgment/order dated 21.04.1981. In appeal, plaintiff was acquitted of the charges by this Court vide order dated 09.02.1983. It was further pleaded that after acquittal, plaintiff was

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