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2003 Supreme(SC) 259

ARIJIT PASAYAT, SHIVARAJ V.PATIL
Jugal Chandra Saikia – Appellant
Versus
State Of Assam – Respondent


ORDER

The appellant was compulsorily retired from service by the order dated 11.4.1994. He assailed the said order of his compulsory retirement by filing a writ petition. The learned Single Judge rejecting the contentions urged on behalf of the appellant upheld the same. The appellant pursued the matter further by filing a writ appeal before a Division Bench of the same High Court. The Division Bench of the High Court after considering the rival contentions urged on behalf of the parties and keeping in view the principles stated in the case of Baikunth Nath Das & Anr. vs. Chief District Medical Officer, Baripada & Anr. [1992 (2) SCC 299], dismissed the writ appeal affirming the order passed by the learned Single Judge. Hence the appellant is before us in this appeal questioning the validity and correctness of the impugned order passed by the Division Bench of the High Court.

2. Learned counsel for the appellant submitted that although the two contentions, namely, the order of compulsory retirement was punitive and stigmatic and that the said order was arbitrary and unreasonable, were urged before the Division Bench of the High Court, he does not press the first contention but


























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