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2005 Supreme(SC) 1306

ARIJIT PASAYAT, H.K.SEMA
M. M. Malhotra – Appellant
Versus
Union of Indias – Respondent


Judgment

Arijit Pasayat, J.

( 1 ) -APPELLANT calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court (Nagpur Bench) dismissing the writ petition filed by him holding that the order of compulsory retirement passed by the authorities was in order.

( 2 ) THE background facts leading to the passing of the order of compulsory retirement are as under:- appellant was appointed to the permanent Commission as a Pilot Officer in the Logistics Branch of Indian Air Force on 14. 4. 1973. Prior to his posting at Nagpur vide order dated 17. 11. 1990 he was posted at trivandrum since 28. 10. 1987. During tenure of his service in the Indian Air Force, the appellant was posted at Leh in Laddakh, Nal in rajasthan and few other places.

( 3 ) APPELLANT was married to Mrs. Roopa malhotra on 19. 10. 1973 as per Hindu rites. The marriage was also registered with the Registrar of Marriage on 5. 9. 1974. On 21. 3. 1992, mrs. Roopa Malhotra lodged a complaint with the then Chief of the Air Staff against misdeeds of the appellant and prayed for maintenance as well as appropriate action against him. In the said complaint Mrs. Roopa Malhotra (described for convenience as


























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