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2002 Supreme(All) 1225

RAKESH TIWARI
BHIKAM SINGH – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
Anup Ghosh, I.P.Yadav, K.SRIVASTAVA, KRISHNA JIKHARE, MOHD.I.KHAN, R.C.SHUKLA, S.K.Tyagi, Tapan Ghosh, U.N.Sharma, V.K.SINGH

RAKESH TIWARI, J.

( 1 ) HEARD the learned Counsel for the parties and perused the records.

( 2 ) BY means of the present writ petition the petitioner has challenged the order of dismissal dated 30. 1. 1991, Annexure-9 to the writ petition.

( 3 ) THE petitioner was appointed as Constable in Central Reserve Police Force in June. 1996. He proceeded on casual leave with effect from 18. 6. 1990 to 6. 7. 1990 for his village. During this period it is alleged that there was an incident of Marpeet in the village on 2. 7. 1990 between his family members and Shiv Ram, his neighbour. It is stated that there was rivalry between his family and the family of Shiv Ram. The petitioner returned back to his Company on 3. 7. 1990 and informed about the incident to his Company Commander Deputy S. P. Ishwar Singh.

( 4 ) IT is submitted that Makhan Singh, brother of the petitioner informed him that a report has been lodged against him under Sections 376, 452 and 323 IPC at Police Station Achhnera by smt. Rupan Devi wife of Shiv Ram and that his mother is seriously ill. On being so informed, the petitioner again proceeded on earned leave w. e. f. 20. 7. 1990 to 28. 8. 1990 and obtained a copy of the F. I





















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