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1983 Supreme(Ker) 111

K.BASKARAN
ABDUL SATTAR – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. This writ petition is for the quashing of Exts. P5 and P6 proceedings. The petitioner was, as on 2-9-1974, an Acting Sub Inspector in the service of the Southern Railway at the Tambaram post, Madras. Disciplinary proceedings were initiated against him; and Ext. P1 is the enquiry report dated 7-5-1980. By the show cause notice dated 30-5-1980, a true copy of which is Ext. P2, issued by the 4th respondent, the Security Officer, Bangalore (N), Southern Railway, petitioner was asked to show cause why a penalty of compulsory retirement should not be inflicted on him. Ext. P3 dated 8-8-1981 is a medical certificate in respect of the petitioner; and Ext.P4 is a copy of the petitioner's letter dated 13-6-1980 whereby the petitioner acknowledged receipt of Ext. P2 show cause notice on 4-6-1980 and stated that he could not submit his representation within 15 days from the date of the receipt of the show cause notice and that he would send his representation on his resuming duty. The fact, however, remained that no representation was submitted by the petitioner. Ultimately after having considered Ext. P1 enquiry report, the 4th respondent passed Ext. P5 order which in its opera















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