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1983 Supreme(Del) 329

AVADH BEHARI ROHATGI, S.B.WAD
UNION OF INDIA – Appellant
Versus
KEWAL KRISHAN MITTAL – Respondent


Avadh Behari,j.

( 1 ) THE single question in these proceedings is whether this court can issue a direction to the Union of India for the payment of arrears of salary to the Government servant after the dismissal order has been set aside.

( 2 ) THIS is a tale of twenty years. The respondent, late Shri Kewal Krishan Mittal, in 1963 brought a suit for declaration that his services had been wrongly terminated by the appellant, Union of India. At the relevant time he was holding the post of a Managing Officer-cum-Assistant Custodian at Delhi. On 14th June, 1960 his services were terminated. The principal ground of challange was that Art. 311 of the Constitution was breached. He clamed a decree of Rs. 2,358. 72 as the difference between the suspension allowance and his pay. The subordinate judge decreed the suit on 2nd December, 1967. The Union of India appealed. The Additional District Judge by order dated 30th October, 1971 accepted the appeal and dismissed the suit. On a second appeal to this court H. L. Anand J. reversed the lower appellate court and restored the decree of the trial court. He declared that the order of termination of the appellant s services was null and void and tha

































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