IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6183 of 2011
RAJESHWAR RAM
Versus
UNION OF INDIA & ORS
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2. 11.4.2011 Learned counsel for the petitioner submits that he
has challenged the order dated 2.2.2011 by which it is
stated that by order dated 1.2.2011 he has been discharged
from service; whereas the show cause notice itself was
issued to him on 1.2.2011 asking him to submit his reply
by 20.2.2011 and thus there being clear violation of
principles of natural justice, the writ application would be
maintainable in terms of the decision of the Apex Court in
the case of Whirlpool Corporation vs. Registrar of Trade
Marks, Mumbai and others : (1998) 8 SCC 1.
In the above circumstances, the question of
maintainability shall be considered at the time of
admission.
Put up for admission among ‘Fresh Writ Cases’ on
21st April, 2011 by which date learned Central Government
Counsel shall obtain appropriate instructions as to whether
such an order of discharge has been passed on 1.2.2011 or
not.
(Ramesh Kumar Datta,J.)
Spal/