2016 (5) TMI 1473

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....or the Respondent : C.S.C. ORDER 1. Heard Sri Siddharth Singh, learned counsel for petitioner, learned Standing counsel appearing for state and perused the record. 2. By means of present writ petition, the petitioner has sought following reliefs: "(i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 15.9.2001 (annexure 9) illegally te....

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....ation Limited. 4. The question comes whether writ petition under Article 226 of Constitution of India is maintainable or not. 5. The petitioner's rights is founded on a contract and once contract has already come to an end in accordance with its stipulation, no writ jurisdiction under Article 226 of the Constitution would lie so as to entitle a party to the contract for continuance of co....

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....ject to certain well-recognised exceptions. It is open to the Courts in an appropriate case to declare that a public servant who is dismissed from service in contravention of Article 311 continues to remain in service, even though by doing so the State is in effect forced to continue to employ the servant whom it does not desire to employ. Similarly under the Industrial Law, jurisdiction of the La....

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....Labour or Industrial Tribunals. (3). A statutory body when it has acted in breach of a mandatory obligation, imposed by statute". 7. The above view has been reiterated in Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain and others AIR 1976 SC 888 (paras 9, 10, 13 and 17); Smt. J. Tiwari Vs. Smt. Jawala Devi Vidya Mandir and others, AIR 1981 SC 122 (paras 4 and 5....