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2010 Supreme(Del) 823

GITA MITTAL, J.R.MIDHA
Ex-Ct Nardev – Appellant
Versus
Union of India (UOI) – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/plaintiff: Tek Chand Sharma, Adv.
For Respondents/Defendant: Ashwani Bhardwaj, Adv.

JUDGMENT

Gita Mittal, J.

1. This writ petition has been filed by the Petitioner assailing the order dated 19th July, 1999 of removal of the Petitioner from service on the sole ground that the Petitioner had completed his matriculation and had been issued a certificate from Central Board of Higher Secondary Education, New Delhi. The Respondents have taken a plea that this Board had not been recognized by the Ministry of Human Resource Development, Government of India. The Petitioner has assailed his removal on the ground that the recruitment rules which were applicable at the time of the Petitioner's recruitment on 1st April, 1990 did not contain any such stipulation and consequently the Petitioner's removal was bad in law. It is noteworthy that the Petitioner's appeal against order of removal was rejected by the competent authority by an order dated 27th October, 1999 on the same ground. The Petitioner has also challenged the order dated 27th October, 1999 passed by the appellate authority rejecting his appeal.

2. This very issue has been the subject matter of several writ petitions filed in this Court. In a judgment dated 27th August, 2002 passed in Tarachand v. Union of India and Or






















































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