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1992 Supreme(All) 1557

H. N. TILHARI, S. SAGHIR AHMAD
Sada Mishra – Appellant
Versus
State of U. P. and Another – Respondent


JUDGMENT

S. Sagir Ahmad, J. - The petitioner whild working as Senior Division Clerk under Dy. Director General, NCC, U.P., Lucknow, was implicated in Case Crime No. 747 of 1978 registered at Police Station Kotwali, District Pratapgarh, under Sections 146, 148, 304, 327, 324, of the Indian Penal Code. There were a number of other persons involved in that case and all of them including the petitioner were prosecuted in Sessions Trial No. 63 of 1980.

2, In this petition we are not concerned with other persons but so Far as the petitioner is concerned, he was convicted and sentenced as under:

(i) life imprisonment under section 302/149 IPC,

(ii) 6 months under section 147 IPC.

(iii) 6 months under section 354/149 IPC.

(iv) 6 months under section 323/149 IPC.

3. Against his conviction referred to above, the petitioner filed an Appeal before this Court which is pending and in which he has been granted bail.

4. By the order dated 31101985 (contained in Annexure1) passed by the Deputy Director General, NCC, U.P., the petitioner was removed from service.

5. The order of removal was challenged by the petitioner in a departmental appeal filed before the State Government which was rejected and the orde

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