2003 (11) TMI 619

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....Doraiswamy Raju And Dr. Arijit Pasayat, JJ. For Appellant: Raju Ramachandra, Additional Solicitor General, R.C. Verma, Mukesh Verma, Sushma Suri and B.V. Balaram Das, Advs. For Respondents: Ranbir Singh Yadav, Adv. ORDER Raju Doraiswamy, 1. Leave granted. 2. The above appeal has been filed against the order of the Division Bench of the High Court of Punjab and Haryana at Chandiga....

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....upra. Aggrieved, the appellants have come before this Court. 3. Heard Mr. Raju Ramachandran, learned Additional Solicitor General appearing for the appellants, who placed strong reliance upon the decision of this Court in (1997)IILLJ683SC : Ranchhodji Chaturji Thakore v. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and Anr. wherein this Court, in a case identical to....

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....he case considered therein but this Court dismissed the special leave petition when the relief granted for re-instatement and back wages was contested by the authorities before this Court. 4. On a careful consideration of the matter and the materials on record, including the judgment and orders brought to our notice, we are of the view that it is well accepted that an order rejecting a special ....

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....annot in any manner be found fault with for having kept him out of service, since the law obliges, a person convicted of an offence to be so kept out and not to be retained in service. Consequently, the reasons given in the decision relied upon, for the appellants are not only convincing but are in consonance with reasonableness as well. Though exception taken to that part of the order directing r....