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2001 Supreme(SC) 96

B.N.AGARWAL, G.B.PATTANAIK
Electronics Corporation Of India – Appellant
Versus
G. Muralidhar – Respondent


(1) THE order of termination from service of the delinquent-respondent was assailed before the Andhra Pradesh High Court by filing a writ petition. The said order of termination had been passed not by the disciplinary authority, but by the appellate authority. The learned Single Judge of the High Court came to the conclusion that by taking recourse to such procedure, a right of appeal was denied to the delinquent and, therefore, the order of termination is vitiated by application of the decision of this Court in Surjit Ghosh v. Chairmen & Managing Director, United Commercial Bank & Ors. [JT 1995 (2) SC 74 ]. That order of the learned Single Judge was assailed before the Division Bench by filing an ap peal. The Division Bench, however, upheld the order of the learned Single Judge and did not interfere with the same. Necessarily, therefore, the direction of the learned Single Judge for reinstatement and back wages remained to be implemented. When the matter came up to this Court, initially a notice had been issued to show cause as to why the relief of reinstatement and back wages granted by the High Court should not be modified in the light of the direction given in Surjit Gh



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