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2010 Supreme(All) 3894

A. P. SAHI, F. I. REBELLO
SANJAY KUMAR SHARMA – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION – Respondent


Advocates:
Counsel :
B.N. Tiwari for the Appellant; Ajay Bhanot and H.N. Pandey for the Respondents.

JUDGMENT

By the Court.—The appellant, a teacher in the Air Force School, Bamrauli, Allahabad, was removed from his service on 1st August, 2006 which order was assailed by him in a writ petition giving rise to this special appeal, which has been dismissed by a learned single Judge on the ground of being not maintainable.

2. The learned single Judge following a Division Bench judgment delivered by us in the case of Union of India and others v. Dileep Kumar Pandey, 2010 (7) ADJ 97 (DB), has held that the writ petition is not maintainable.

3. This special appeal in effect raises the same issues once again which has already been answered by us in the aforesaid decision.

4. Sri B.N. Tiwari, learned counsel for the appellant has contended that certain facts and certain arguments had not been either advanced or considered by this Court while deciding the case of Dileep Kumar Pandey (supra) and, therefore, on the strength of the submissions raised, Sri Tiwari contends that if this Court is persuaded to reverse the view earlier taken, the matter may require to be referred to a Larger Bench for resolving the dispute with regard to the maintainability of writ petition in such matters.

5. Sri Ti
























































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