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1998 Supreme(Cal) 180

TARUN CHATTERJEE, D.K.JAIN
UNION OF INDIA – Appellant
Versus
ADHIR RANJAN PAL – Respondent


Advocates Appeared:
ACHIN MAJUMDER, RAMESH CHANDRA GHOSH, RATHINDRA DAS

TARUN CHATTERJEE, J.

( 1 ) THE aforesaid two appeals have been preferred against the judgment and order of a learned Judge of this Court passed in a writ petition which was registered as C. O. No. 8649 (W) 1995.

( 2 ) BY the judgment under appeal the learned Judge has set aside an order of compulsory retirement of the writ petitioner made by the Senior Security Commissioner on May 9, 1995 which was Annexure B to the writ petition. However, the learned Judge directed that the period since the date of making the order of compulsory retirement till the date of passing the judgment under appeal shall be treated as extraordinary leave without pay. Against the adverse findings made by the learned Judge against the writ petitioner, in the judgment under appeal, the writ petitioner has also preferred an appeal being F. M. A. T. 881 of 1996. As the two appeals have been preferred against the self-same decision of the learned Judge, they were heard analogously.

( 3 ) HAVING heard the learned counsel for the parties and on going through the materials on record and after considering the judgment under appeal in detail, we are of the view that there is no merit in the aforesaid two appeals.










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