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2003 Supreme(SC) 316

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Kanta Devi – Appellant
Versus
Union of India – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Ansuya Parshad, husband of the appellant (hereinafter referred to as "deceased employee") was charged with misconduct and on the basis of a departmental enquiry held under the Central Reserve Police Force Rules, 1955 (in short the Rules ) framed under Central Reserve Police Force Act, 1955 (in short the Act ) was dismissed from service, in terms of an order dated 26.6.1980 passed by the Deputy Inspector General of Police (in short the DIG ). Said order of dismissal was challenged in a statutory appeal under Rule 28 of the Rules which was dismissed. Matter was taken by a writ petition to the Delhi High Court, and a learned Single Judge quashed the order of removal and directed re-instatement with consequential benefits. The sole ground on which interference was made by learned Single Judge was that the scheme of the Rules is such that either in the case of appointment or promotion, prior approval of the Inspector General of Police (in short the IG ) is imperative. As a natural corollary any termination without approval of the IG, as in the present case, would be bad in law. It was, therefore, held that the order of dismissal passed by


























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