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2003 Supreme(SC) 318

ARIJIT PASAYAT, SHIVARAJ V.PATIL
J. P. Bansal – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

Arijit Pasayat, J.-Appellant s prayer for issuing a writ of mandamus to the State of Rajasthan to pay compensation on cessation of functioning as Chairman of the abolished Rajasthan Taxation and Tribunal ( in short the Tribunal ) having been turned down by learned Single Judge and Division Bench of the Rajasthan High Court, this appeal has been preferred. As the core question involved is pristinely legal, it is unnecessary to enter into the factual aspects in detail.

2. Factual panorama in a nutshell is as follows:

Appellant was appointed as Judicial Member of the Tribunal in terms of notification dated 16-9-1995 issued by the Finance Department (Taxation Division) of the Government of Rajasthan. Appointment of the appellant was made by the Governor in exercise of the powers conferred by clause (a) of sub-section (2) of Section 3 of the Rajasthan Taxes and Tribunal Act 1995 (in short the Act ). By the notification dated 16-9-1995 referred to above. Chairman and the technical member were also appointed. Subsequently, he was appointed to discharge functions of Chairman of the Tribunal till appointment of regular Chairman. This contingency arose on the previous Chairman attai
















































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