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2019 Supreme(SC) 794

MOHAN M.SHANTANAGOUDAR, SANJIV KHANNA
Rajasthan Housing Board – Appellant
Versus
Roshan Lal Saini – Respondent


Advocates Appeared:
For the Petitioner(s):K.L. Janjani, Adv Pankaj Kumar Singh, Adv Roshan Lal Saini Petitioner-in-person
For the Respondent(s): Mr. Roshan Lal Saini Caveator-in-person

JUDGMENT :

SANJIV KHANNA, J.

A. CIVIL APPEAL NO(S). 5919-5920 OF 2019

Leave granted.

2. Impugned order and judgment dated 18th May, 2015 passed by the High Court of Judicature for Rajasthan at Jaipur in D.B. Civil Special Appeal (Writ) No. 1265 of 2014 upholds the order and judgment of the learned Single Judge dated 23rd May, 2014 allowing the writ petition filed by the first respondent-Roshan Lal Saini, quashing the order dated 3rd January, 2003 passed by the appellant-Rajasthan Housing Board under Rule 86(3) of the Rajasthan Service Rules removing the first respondent from service on the ground of unauthorised absence for three months, which order of dismissal was upheld by the Labour Court. While quashing the dismissal and remanding the matter to the Labour Court, learned Single Judge had further directed:

“[T]he … Housing Board shall be at liberty to adduce evidence before the labour Court as expeditiously as possible but not later than three months from the date now fixed by this court for the parties to appear before the Labour Court.”

Agreeing, the Division Bench in the impugned judgment has not interfered with the above directions.

3. The impugned judgment also upholds the finding





























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