2003 (3) TMI 733

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....lant has assailed the judgment and order of the Division Bench of the High Court dated 23.2.2000 dismissing his writ petition. The appellant joined the services of the second respondent as a Co-Pilot after a distinguished service in the Indian Air Force. He was conferred with privileges of a check Pilot in accordance with the procedure prescribed by the first respondent. The respondent No.2 consti....

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....lot. The appellant assailed the order removing him from the position of Check Pilot by filing writ petition before the High Court stating that it was passed in violating of principles of natural justice. The first report of investigation dated 7th May, 1998 was rejected by the Director General of Civil Aviation (DGCA) and a direction was given for another investigation. In the writ petition, a sta....

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....ch the order dated 21.7.1999 was passed. The High Court proceeded on the assumption that re-investigation was not in the nature of de novo inquiry and dismissed the writ petition. Hence, this appeal. 2. On 29.1.2003 at the request of the learned counsel for the respondents, three weeks' time was granted to file counter on their behalf. When the matter was taken up for hearing on 25.2.2003, ....

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....lant that no opportunity was given to him during the investigation or inquiry based on which the order was passed on 21.7.1999 adversely affecting his rights and status and in the absence of any counter affidavit denying the same either before the High Court or before this Court, there is no impediment or difficulty in holding that the order dated 21.7.1999 was passed in violation of the principle....