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High Court of Punjab and Haryana · body

2025 DAILYLAW 35548 (PNJ)

MOHAL LAL SHARMA v. STATE OF PB. ETC.

CWP/11266/2005 · 2025-05-02

Aman Chaudhary

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 860 CWP-11266-2005 (O&M) Date of decision: 02.05.2025 Mohal Lal Sharma ....Petitioner Versus State of Punjab and Others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : None for the petitioner Mr. Charanpreet Singh, AAG Punjab ***** AMAN CHAUDHARY, J. (ORAL) 1. Prayer made in the present petition for quashing of the order dated 10.06.2005, Annexure P-3, whereby the petitioner was dismissed from service, he having been convicted in criminal case registered under Section 13(2) read with Section 7 of the Prevention of Corruption Act and ordered to undergo imprisonment for one and a half year, against which the Criminal appeal No. i.e. CRA-S-929-SB of 1997 filed by the petitioner was disposed of maintaining the conviction by observing that the prosecution had proved the case against him, however, the sentence was ordered to be undergone, against which SLP-7661- 2010 was also dismissed on 27.09.2010. 2. Reference in the index of the was placed on pendency of CWP- 12564-2004, which was dismissed by the Division Bench vide judgment dated 14.09.2005, observing therein that until the said conviction is set aside by the Appellate Court, it may not be advisable to retain such a person in service while MOHIT 2025.05.07 11:04 I attest to the accuracy and integrity of this document CWP-11266-2005 (O&M) -2- placing reliance on the judgment of Hon’ble the Supreme Court in The Deputy Director of Collegiate Education (Administration), Madras vs. S. Nagoor Meera, 1995 (2) SLR 379. 3. In view of the above, the present petition is hereby dismissed. (AMAN CHAUDHARY) JUDGE 02.05.2025 M.Kamra Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT 2025.05.07 11:04 I attest to the accuracy and integrity of this document