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1976 Supreme(SC) 17

A.C.GUPTA, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Reserve Bank Of India – Appellant
Versus
Ramkrishna Govind Morey – Respondent


Advocates:
B.SEN, I.M.SHROFF

JUDGMENT

GUPTA, J.:—The respondent was employed as a clerk grade II in the Notes Cancellation Section at the Nagpur Branch of the appellant Reserve Bank of India. On Oct. 25, 1952 the Reserve Bank of India terminated his service with effect from October 27, 1952 acting under regulation 22 (2) (b) of the Reserve Bank of India (Staff) 831 Regulations, 1948. On October 27, 1955 the respondent instituted a suit in the Court of the Civil Judge, Nagpur, alleging that the termination of his service without giving him a hearing was illegal and praying for a declaration that he continued to be an employee of the Reserve Bank and for a decree for arrears of salary. On February 5, 1958 the trial court allowed an application of the defendant Reserve Bank of India for amendment of the written statement by deleting a paragraph thereof. On the 3rd and 18th of March 1958 the respondent made two successive applications for amendment of the plaint. The trial court rejected both these applications on March 18, 1958. The respondent moved the High Court at Bombay Nagpur Bench, in revision against the order rejecting his applications for amendment; a learned Judge of the High Court by his order dated Ju



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