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2008 Supreme(J&K) 408

SUNIL HALI
Raj Kumar – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Respondent: P.S. Chandel

1. The order of discharge of the petitioner from service on account of being absent from duty was passed by the respondents on 19th September, 1988. This order came to be challenged by the petitioner in the writ petition bearing SWP No. 313/1989. The said writ petition was dismissed vide order dated 30.12.1996, against which LPA (SW) No.69/1997 was preferred by the petitioner. The Division Bench vide its order dated 10.11.2000 directed the respondents to pass a fresh order after hearing the petitioner. The respondents were directed to dispose of the appeal of the petitioner after affording him an opportunity of being heard.

2. In pursuance to said direction, the respondents issued an order dated 17.05.2000, whereby they have dismissed the appeal of the petitioner. It is this order which is subject matter of challenge in this writ petition.

3. I have heard learned counsel for the parties and perused the record.

4. The petitioner has raised two pleas in this petition.

(a) That the appellate authority has decided the appeal without affording him an opportunity of being heard and no reason has been given by the appellate authority while passing the order;

(b) That the petitioner was a membe






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