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2001 Supreme(Del) 435

B.A.KHAN, M.S.A.SIDDIQUI
DEIHI STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED – Appellant
Versus
J. K. THAKUR – Respondent


Advocates Appeared:
ANSUYA SALVAN, G.D.GUPTA

KHAN

( 1 ) RESPONDENT was engaged as daily wager in appellant-Corporation way back in 1980. He was later assigned duties of Assistant Grade-111 from 17. 12. 1984 and also-paid wages in that category. He sought regularisation of his services on this-post and took a typing test and interview for this but could not be allegedly regularised because of pendency of writ Petition No. 3777/85 on the subject matter, though services of some of his Juniors were regularised, according to him, meanwhile.

( 2 ) A complaint was lodged against this Respondent on 21. 9. 1987 of having accepted bribe of Rs. 150. 00 and he was discharged next day on 22. 9. 1987. He challenged this by cwp No. l21/88 and sought quashment of this order and also a declararion that Impugned action was punitive based on unilateral findings of guilt emanating from allegations of misconduct. He claimed that he could not be ousted without being regularised and without recourse being taken to procedure provided under Staff Rules of 1978 providing for holding of an enquiry and opportunity of hearing. He also complained that his discharge was violative of Section 25-F of IDA.

( 3 ) APPELLANT questioned the maintainability of writ































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