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2007 Supreme(Gau) 541

TINLIANTHANG VAIPHEI, A.P.SUBBA
Union of India – Appellant
Versus
Man Bahadur Chhetri – Respondent


JUDGMENT

Tinlianthang Vaiphei, J.

1. This bunch of writ appeals is directed against the judgment and five separate judgments and orders dated 22.2.2006 passed by the learned Single Judge in WP(C) Nos. 89(SH) of 2000, 8(SH) of 2001, 100(SH) of 2001, 163(SH) of 2001 and 212(SH) of 2002 cancelling the orders of the respondents compulsorily retiring the writ petitioners from service. The appeals, involving identical questions of law, were heard together and are being disposed of by this common judgment.

2. In all these appeals, the validity of the notices issued by the Director General of Assam Rifles, in exercise of the powers conferred by Rule 56 of Fundamental Rules/Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972, compulsorily retiring each of the respondents, who were Subedar Major, from service. For the sake of convenience, we shall first set out the facts in WA No. 8 of 2006, decide this case and apply the result thereto in the remaining cases. The facts of this case, bereft of unnecessary details, but are relevant for the appeal, may be set out as under:

The writ petitioner (hereinafter referred to as "the respondent") was enrolled in the Assam Rifles on 19.01.1960







































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