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2024 Supreme(P&H) 542

NAMIT KUMAR
Bahadur Singh – Appellant
Versus
P. R. T. C. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vikas Chatrath, Priya Kaushik.
For the Respondents: Manu Loona, Karan Singla.

JUDGMENT :

Namit Kumar J.

1. The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, for claiming the following reliefs:

    “(i) to call for the complete record of the case.

(ii) to issue an appropriate writ, order or direction especially in the nature of certiorari quashing the impugned order, dated 08.06.1995 (Annexure P-3) passed by the respondent No. 2 vide which the petitioner has been retired retrospectively w.e.f. 31.12.1994, on the plea that the date of birth of the petitioner should have been December, 1936 instead of 20.07.1938 as entered in his Service Book and the appeal filed by the petitioner before Respondent No. 1 which has been rejected vide order dated 09.08.1999 (Annexure P-7) which is in violation of the law laid down by the Hon’ble Supreme Court in the matter of State of Orissa vs. Dr. (Miss) Bina Pani De, AIR 1967 SC 1269 against the principle of natural justice and without holding an enquiry and also in view of the fact that the petitioner cannot be retired retrospectively vide order dated 08.06.1995 (P-1) w.e.f. 31.12.1994 as the petitioner had worked till 08.06.1995 as Driver with the Pepsu Road Transport Corporation

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