IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 1138 of 2001 Date of decision: 04.04.2007 Haryana State ..... Appellant. Versus Balwan Singh ..... Respondent. CORAM: HON'BLE MR. JUSTICE M.M. AGGARWAL Present:- Mr. Jitendra Chauhan, Additional Advocate General, Haryana Ms. Promila Nain,Advocate for the respondent. M.M. AGGARWAL, J. (ORAL) On behalf of the appellant-State, a communication of the State has been produced showing that no appeal had been filed as far as decree of suit filed by Mohmad Ali was concerned and that Mohmad Ali is now working against Belt No. 209 in District Mewat at Nuh. This is a Regular Second Appeal filed by the State of Haryana. Suit filed by Balwan Singh, plaintiff now respondent against an order of dismissal dated 22.05.1993, was decreed by the trial Court on 27.04.1999. State of Haryana had filed an appeal, which was dismissed by the First Appellate Court on 11.12.2000. As per appellant, law point involved is “whether the Civil Court can re-appreciate the evidence recorded by the Inquiry Officer and then set aside the punishment inflicted by Competent Authority”. R.S.A. No. 1138 of 2001 --2-- Now during the course of arguments, it came out that there were similar charges against one Mohmad Ali,Constable of the same incident, as were there as against Balwan Singh, plaintiff now respondent. That Mohamad Ali had been also dismissed from service and he had filed a suit, which was decreed on 21.01.1999. However, State did not file any appeal against that judgment and Mohmad Ali had been re-instated. Today a communication by the State has been filed admitting that no appeal was filed against the judgment dated 21.01.1999 and Mohmad Ali was re- instated and is now working in District Mewat at Nuh against Belt No. 209/Mewat. There are concurrent findings of two Courts below. When a similarly placed person had been dismissed from service on the allegations arising out of the same incident and that person has been reinstated, then I find no merit in this appeal. This Regular Second Appeal is accordingly dismissed. April 04 , 2007 ( M.M. AGGARWAL ) Dinesh JUDGE