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Judgment
A.K. Sikri, C.J.—The respondent herein got involved in a criminal case in which FIR No. 79/97 was registered against him. However,
during the pendency of those criminal proceedings, the respondent attained the age of superannuation and was allowed to retire honorably w.e.f.
30.9.2008. Much thereafter, the aforesaid FIR culminated in the conviction of the respondent vide judgment dated 25.11.2010. Armed with the
order of the conviction, the appellant herein passed order dated 21.1.2011 dismissing the respondent retrospectively w.e.f. 30.9.2008 which was
his actual date of retirement and, as stated above, he was allowed to retire as such. There cannot be such a dismissal order passed that too
retrospectively. The learned Single Judge has rightly set aside such a dismissal order. We do not find any merit in the present appeal and as such
the same is hereby dismissed.