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2003 Supreme(SC) 1525

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Ngef Ltd. – Appellant
Versus
Sathyanarayana A. V. – Respondent


ORDER :

Shivaraj V. Patil, J.

Respondent 1 was an employee of the appellant Company. He was issued memo dated 19-2-1997 along with the articles of charges on account of certain alleged misconduct. In Writ Petitions Nos. 3158, 32680 and 33737 of 1996, the appellant had filed an affidavit making a statement that it had withdrawn the memo dated 19-2-1997 issued to Respondent 1. After the disposal of the said writ petitions, the appellant served Respondent 1 with a memo dated 13-4-1999 repeating the same charges calling upon him to file further explanation, if any, to the charges contained in the memo dated 19-2-1997 within the given time. Aggrieved by the same, Respondent 1 filed Writ Petition No. 20634 of 1999 for declaration that the said memo dated 13-4-1999 was null and void and any further action taken pursuant to the same is devoid of the authority of law and tainted by mala fides.

2. The learned Single Judge of the High Court took the view that Respondent 1 instead of giving reply to the memo dated 13-4-1999 stating all the reasons and grounds available to him had straight away approached the High Court by filing the writ petition. In that view, the writ petition was rejected as p

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