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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5892 OF 2006

SUKHDEV SINGH

... APPELLANT(s)

Versus

UNION OF INDIA AND OTHERS

... RESPONDENT(s)

O R D E R

While granting leave on December 12, 2006, a

two Judge Bench (S.B. Sinha and Markandey Katju, JJ.)

felt that there was inconsistency in the decisions of

this Court in U.P. Jal Nigam and others vs. Prabhat

Chandra Jain and others¹, and Union of India and

another vs. Major Bahadur Singh² and consequently,

opined that the matter should be heard by a larger

Bench. This is how the matter has come up for

consideration before us.

2.

The referral order dated December 12, 2006

reads as follows:

“The appellant herein was appointed as Deputy

Director of Training on or about 13.11.1992. He

1 (1996)2 SCC 363

2 (2006)1 SCC 368

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attended a training programme on Computer Applied

Technology. He was sent on deputation on various

occasions in 1997,1998 and yet again in 2000.

Indisputably, remarks in his Annual Confidential

Reports throughout had