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2001 Supreme(Cal) 563

ASOK KUMAR GANGULY
Asok Kumar Sarkar – Appellant
Versus
Indian Airlines Limited – Respondent


Advocates:
Advocate Appeared:
Dr. Tapas Banerjee, Mr. Malay Chakraborty, Thakurdas Roy Chowdhury, Mrs. Rama Ghosh Dostidar and Mr. D. Purkait for the Petitioner
P.K. Mallick and R.N. Majumdar for the Respondents

JUDGMENT

1. The subject-matter of challenge in this writ petition is the order of termination dated 10th September, 1999 passed by the Chairman-cum-Managing Director, Indian Airlines Limited, the second respondent. By the said order, the petitioner was communicated that it was decided to terminate his service with immediate effect under Regulation 13 of the Service Regulations.

2. Since the legality of the said order and the manner of exercise of power in the passing of the said order is the main ground of controversy between the parties, it is in the fitness of things to set out the text of the said order. The same is set out hereinbelow :

"It has been decided to terminate your services with immediate effect under Regulation 13 of the Service Regulations applicable to you. Accordingly, your services stand terminated with effect from the 10th September, 1999.

Though, you are not entitled to any notice or salary in lieu thereof, in terms of Service Regulation 13, a cheque for Rs. 13,707/- is attached. The Regional Director (East) has been advised to settle your accounts immediately."

3. In the writ petition, a declaration has also been prayed to the effect that Regulation 13 of the Indi









































































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