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1996 Supreme(Raj) 1394

R.R.YADAV
Deepak Kumar – Appellant
Versus
Union Of India – Respondent


JUDGMENT

1. - In the instant writ petition, the petitioner questions legality and validity of his dismissal order dated 23.1.90 Annx.29 passed by respondent No. 2 and older dated 19.4.90 Annx.33 passed by respondent No. 3 dismissing his appeal.

2. The aforesaid two orders have been challenged by the petitioner on the ground, inter alia, that he was appointed by the General Manager (respondent No. 3) whereas dismissal order has been passed by the Superintending Engineer (Drilling) (respondent No. 2) who is admittedly lower in rank to respondent No. 3. No charge-sheet and materials in support thereof have been supplied during domestic enquiry which has caused serious prejudice to him. He was not afforded reasonable opportunity of hearing and the orders impugned have been passed against the principles of natural justice and fair play.

3. The factual genesis of the present case has a chequered history. It is alleged that the petitioner has filed S.B. Civil Writ Petition No. 1060 of 1989 before this Court seeking a relief to quash the order of promotion dated 1.12.89 passed by respondent Company promoting illegally to Shri R.K. Goyal and Shri Magha Ram, both juniors to the petitioner.

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