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2011 Supreme(Del) 306

SANJIV KHANNA, DIPAK MISRA
K. K. Saksena – Appellant
Versus
International Commission on Irrigation and Drainage – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Piyush Sharma, Adv.
For Respondents/Defendant: Bharat Sangal, Vernika Tomar and Alka Singh, Advs.

JUDGMENT

Dipak Misra, C.J.

1. In this intra-Court appeal which is preferred against the order dated 17.1.2006 passed by the learned Single Judge in CWP No. 1846/2006, the seminal issue whether the Respondent - International Commission of Irrigation and Drainage (hereinafter referred to as 'ICID') is a 'State' under Article 12 of the Constitution of India and further if the said organization is not treated as a State and other authority its actions will be amenable for judicial review under Article 226 of the Constitution of India on the foundation that it performs public duty, emerges for consideration.

2. The facts which are requisite to be stated are that the Appellant was appointed on 20.1.1997 as Secretary, ICID. On 8.1.1999, a letter was issued by the Secretary General relating to the role and responsibility in respect of the post. Thereafter, on 11.8.1999, the Secretary General sent a fax message from Stockholm directing him to look after day to day work during his absence for the conference at Granada and shortly after, on 15.8.1999, a communication was issued by the Secretary General terminating the services of the Appellant. On 19.8.1999, the Appellant claimed three months' s
































































































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