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2000 Supreme(Raj) 1227

ARUN MADAN
Rajasthan Financial Corporation – Appellant
Versus
Narpat Singh – Respondent


Advocates:
For the Appellant:Mr. R.D. Rastogi, Advocate.
For the Respondent:Mr. M.K. Shah, Advocate.

JUDGMENT :

       1. These two appeals arise out of common judgment and decree dated 23.8.1997 passed by the Addl. District Judge No. 8, Jaipur City, Jaipur in Civil First Appeal Nos. 32/96 and 17/97 whereby first appeal of appellant Rajasthan Financial Corporation (RFC) against judgment and decree dated 29.3.1996 of the Addl. Civil Judge (Sr. Dn.) No. 5, Jaipur City in Civil Suit No. 274/95 has been dismissed whereas appeal of respondent (plaintiff) was allowed.

2. These appeals have been heard and are finally disposed of at admission stage on the following substantial questions of law as raised by the appellant in the memo of appeals:-

(i) Whether principles laid down in by this Court deciding Krishnadutt's case 1987 (1) RLR 346 on 24.5.1984 being prospective in nature in the facts and circumstances can be made applicable for testing the validity of penalty order dated 25.6.1983 ?

(ii) Whether following procedure of detailed enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was much prior to passing the impugned penalty order dated 25.6.1983 ?

(iii) Which of the law shall be applicable either of the date of penalty order or the law
































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