AJOY NATH RAY, C. J. , ASHOK BHUSHAN, J.

( 1 ) HEARD Sri Raj Kumar Jain, learned Senior Advocate, appearing for the appellant.

( 2 ) THIS appeal has been filed against the judgment and order dated 23rd February, 2005 passed by Honble Mr. Justice Tarun Agarwal dismissing the writ petition on merit.

( 3 ) THE appellant tiled the writ petition challenging the appellate order passed by Deputy inspector General of Police under the provisions of Uttar Pradesh Police Officers of the subordinate Ranks Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules) as well as the revisional order passed by Inspector General of Police under the Rules. The Rules have been framed under the Police Act, 1861. This special appeal has been filed under Chapter viii Rule 5 of the Rules of the Court. The question first to be considered is as to whether this appeal is barred under Chapter VIII Rule 5 of the Rules of the Court ?

( 4 ) CHAPTER VIII Rule 5 of the Rules of the Court is extracted below:5. Special appeal.- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made by a Court subject to

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