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1997 Supreme(AP) 20

MOTILAL B.NAIK
N. Subramanyam – Appellant
Versus
Chairman Visakhapatnam, Port Trust – Respondent


MOTILAL B. NAIK, J.

( 1 ) PETITIONER seeks a writ of Certiorari calling for the records relating to the orders passed by the third respondent in proceedings No. E/m/pc/4356/2142 dated 19-2-1994 as confirmed by the first respondent in his oroceedings No. Al/mech. 1/ Perl. NS/94. dated23-6-1994 and to set aside the said proceedings by holding them as arbitrary, unjust, illegal and violative of the principles of natural justice. Petitioner further seeks a direction to respondents 1 to 3 to reinstate him as Driver (Upgraded) in the Visakhapatnam Port Trust by duly counting the period of his absence for 19-2-1994 till the date of reinstatement as on duty with all consequential benefits.

( 2 ) PETITIONER states that he studied in C. B. M. High School, Visakhapatnam during the year 1960-61. On account of financial stringencies, he joined the Indian Army as a driver as he had Heavy Truck Driving Licence. Due to compelling circumstances, he sought retirement from Indian Army and accordingly he was discharged from army service.

( 3 ) ACCORDING to the petitioner he was recruited in the Chief Mechanical Engineering department of Visakhapatnam Port Trust as a Greaser against one of the posts res























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