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1997 Supreme(SC) 47

J.S.VERMA, S.P.KURDUKAR
Ranjan Kumar Mitra – Appellant
Versus
Andrew Yule And Company LTD. – Respondent


ORDER

1. In view of the fact that the appellants service was terminated after an enquiry in which the appellant chose not to participate, we are of the view that the appellant cannot assail his termination on merits, even assuming that the writ petition filed by him in the High Court was maintainable. For this reason, it is not necessary to examine the correctness of the High Courts view that the writ petition was not maintainable. The dismissal of the appeal by this Court is, therefore, not to be construed as an expression of any opinion on the merits of the view taken by the High Court on the question of maintainability of the writ petition.

2. The appeal is dismissed.

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