High Court Patna High Court - Orders

Rajeshwar Ram vs Union Of India &Amp; Ors on 11 April, 2011

Patna High Court – Orders
Rajeshwar Ram vs Union Of India &Amp; Ors on 11 April, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CWJC No.6183 of 2011
                        RAJESHWAR RAM
                              Versus
                      UNION OF INDIA & ORS
                             -----------

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/