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1994 Supreme(Del) 340

D.K.JAIN, D.P.WADHWA
M. GOPALAKRISHNAIAH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ANSHAL TYAGI, LOKESH SAWHNEY, M.M.SARIN, R.K.Anand, SANJAY YADAV, V.K.Shali

D. P. WADHWA,j:

( 1 ) WE are reminded of the memorable words of lord Atkin in his dissenting judgment in mcht in l. liversidge v. Anderson and another , 1941 (vol. 3) All England Reports 338 (HL) : " In England amidst the clash of arms the laws are not silent. They may be changed, but they speak the same language in war as in peace. " However, when a huge security seam involving thousands of crores of rupees surfaced, it would appear law became different for the petitioner who faced the ignominy of his services having been terminated in violation of law of the land.

( 2 ) THE petitioner, who was at the relevant time Executive Director (whole-time Working Director) of the Bank of Maharashtra and Was also looking after the day to-day affairs of the bank until the appointment of regular Chairman and Managing Director or under further orders of the Central Government, was visited with order of termination dated 9 July 1993 issued by the Central Government in the exercise of powers conferred by sub-clause (I A) of clause 8 of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970 (for short the scheme ) made under section 9 of the Banking Companies (Acquisition an




























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