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2005 Supreme(All) 68

JAGDISH BHALLA, P.K.CHATTERJI
ANIL MALIK – Appellant
Versus
INFRASTRUCTURE DEVELOPMENT FINANCE CO – Respondent


Advocates Appeared:
Deepak Seth, R.N.TRIVEDI, RAJIV SRIVASTAVA

JAGDISH BHALLA, J.

( 1 ) PETITIONER, who was working as Head of Central Region, lucknow in Infrastructure Development Finance Company limited-respondent no. 1, has filed this writ petition challenging his discharge/removal by the letter dated 28th July, 2004 inter-alia on the ground that the employment of the petitioner in the respondent-company was not linked to or co-terminus with the existence or continuance of the Central Region of the Company at lucknow and was employed to work anywhere in the Company; and the impugned order has been issued by the Head Corporate planning HR and MIS whereas the appointing authority of the petitioner is the Managing Director / Chief Executive Officer.

( 2 ) A preliminary objection has been raised by the learned counsel appearing for the respondent-company that the present writ petition is not maintainable as the respondent no. 1 and 2 is neither a "state" nor any "authority" within the meaning of Article 12 of the Constitution as such it is not amenable to writ jurisdiction under Article 226 of the Constitution.


( 3 ) SRI Rajiv Srivastava, learned Counsel appearing for the petitioner contended that the Infrastructure Development Finance company














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