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MANISH CHOUDHURY
Anil Kumar Das S/o Late Parasu Ram Das – Appellant
Versus
Eastern And North Eastern Frontier Railway Co. Operative Bank Ltd. – Respondent
JUDGMENT AND ORDER :
By invoking the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has instituted the instant writ petition seeking inter alia a direction to the respondent authorities to refund a sum of Rs. 2,09,975/- along with interest to the petitioner from the period of deposit of the said amount till its realization and/or to deposit the loan amount by way of cheque/demand draft/cash in his Savings Account no. 20661145458 maintained at the State Bank of India, CGON, Gumi Branch Kamrup, Assam.
2. The necessary facts can be narrated, briefly, as follows : the petitioner is an employee of the North East Frontier Railway [NF Railway] and in the year 2016, he was serving as an Welder– II under the Senior Section Engineer [SSE]/P-Way/Chaygaon under the territorial jurisdiction of the Divisional Railway Manager [DRM][P], Rangia, NF Railway. The petitioner’s service records are maintained at and his salaries are being paid by the office of the DRM [P], Rangia, NF Railway i.e. the respondent no. 4. During the course of his service tenure, the petitioner in the year 2016, had applied to the Eastern & North East
The Court's discretion to refuse jurisdiction due to delay and laches in filing a writ petition, and the limitations on the Court's adjudication of unchallenged actions of the public authority under ....
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Point of Law : Jurisdiction under Article 226 is a valuable constitutional safeguard against an arbitrary exercise of state power or a misuse of authority.
The recovery order and withholding of retiral dues without proper procedure and opportunity for the petitioner to be heard were illegal and arbitrary, and the petitioner was entitled to interest on t....
Public officers must ensure timely compliance with contractual obligations, emphasizing accountability in their actions.
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