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2002 Supreme(All) 1118

RAKESH TIWARI
DHARAM PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
B.P.SRIVASTAVA

RAKESH TIWARI, J.

( 1 ) HEARD counsel for the parties and perused the record.

( 2 ) THE petitioner was appointed as constable in P. A. C. and join the post on 1. 11. 1986. Before being appointed, the petitioner submitted an affidavit dated 5. 8. 1986 (Annexure-1 to the writ petition) to the effect that he was never involved in any criminal case, etc. This affidavit was sworn before the Notary.

( 3 ) UNDER Section 3 of the Pradeshik Armed Constabulary Act, 1948, members of P. A. C. are deemed as police officials. The powers privileges, liabilities, penalties, punishment and protection as police officer duly enrolled is subject to by virtue of Police Act, 1861 and the rules and regularizations framed therein are applicable.

( 4 ) IN paragraph 541 of the police regulations, it is provided that a recruit will be on probation for a period of two years from the date he begins to officiate in a clear vacancy except in certain circumstances. At the end of the probationary period, the work and conduct of the recruit has to be approved by the D. I. G. of the police for service in the force and thereafter, the services are confirmed by the Superintendent of Police. In case the Superintendent

















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