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1996 Supreme(Del) 284

M.K.SHARMA
SUBHASH JUNEJA – Appellant
Versus
UNION OF INDIA – Respondent


Dr. M. K. Sharma, J.

( 1 ) AS the facts involved in both the writ petitions arc similar and the issues raised before us are identical in nature, we propose to dispose of both these writ petitions by this common judgment and order.

( 2 ) IN this writ petition, the petitioner has challenged the order of termination passed against him on 3. 3. 1980 by the Government of India terminating his services in exercise of the powers vested under the provisions of Section 18 of the Army Act. In this writ petition, substantially two reliefs are sought for by the petitioner - the first relief being for quashing of the order dated 3. 3. 1980 by which the services of the petitioner was terminated and the other being that he be declared to be entitled for all benefits with respect to payment of salary, pension and all other benefits as if he continued to be in service upto the date of his superannuation. Apparently, therefore, the second relief sought for by the petitioner in this writ petition is dependent and consequent upon the view taken by this court on the first relief sought for by the petitioner in the present writ petition.

( 3 ) INCIDENTALLY it may be mentioned that the present petitioner



























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