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1997 Supreme(Pat) 511

J.N.DUBEY, R.M.PRASAD
Brig. Ashok Malhotra – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the appellant: M/s Narendra Prasad, Rajiv Nandan Prasad.
For the Respondent: Mr. B.N. Pathak.

Judgment

Radha Mohan Prasad, J.

This appeal is directed against the order dated 17.10.1996, passed by the learned Single Judge in C.W.J.C. no. 11185 of 1996 recalling the order dated 9.4.1996 and dismissing the writ petition for want of jurisdiction.

2. In the writ application the grievence of the appellant was as against his super-session in the rank of Major General after rejection of his statutory complaint by the Central Government. The learned Single Judge, vide order dated 9.4.1996 found the grievance of the appellant to be legitimate, as there was nothing on record to indicate that the Central Government had considered his grievence as regards the A.C.R. for the period 1.9.91 to 20.3.92 and delayed A.C.R. for the period 21.3.92 to 15.7.92 and directed the Central Government in the Ministry of Defence to consider the statutory complaint as regards the relief claimed in its paragraph no. 13 (a) and communicate the decision in accordance with rules to the appellant within four weeks from the date of receipt of a copy of the said orders. The Central Government communicated its decision vide order dated 10.5.1996 (Annexure-13 to the writ petition) rejecting the petitioner appellant'


















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