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Tej Ram Bery Vs. Union of India (Uoi) and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1947 (N) of 1969
Judge
Reported inAIR1972SC1966; (1972)4SCC811; 1972(4)LC320(SC)
AppellantTej Ram Bery
RespondentUnion of India (Uoi) and anr.
Excerpt:
- .....he could have reasonably saved by his earning by about rs. 7,000/-. the appellant has alleged in his writ petition inter alia that the findings arrived at against him are unsupported by any evidence and further that he had not been given reasonable opportunity to put forward his case. in support of those contentions he had pleaded certain facts. facts pleaded by him required investigation. it is not as if the facts pleaded do not make out the case put forward by him. hence the high court was not justified in summarily dismissing the writ petition. hence we set aside the order of the high court and remit the case to the high court with a direction to admit the writ petition and dispose of the same according to law expeditiously. no costs.
Judgment:

K.S. Hegde, J.

1. This is an appeal by special leave. It is directed against the order of the High Court Delhi, dismissing summarily the Civil Writ No. 18 of 1989 filed by the appellant. In that writ petition the Appellant challenged the order compulsorily retiring him from service. The appellant was ordered to be compulsorily retired from service, after holding an enquiry and after coming to the conclusion that his known assets exceed the amount he could have reasonably saved by his earning by about Rs. 7,000/-. The appellant has alleged in his writ petition inter alia that the findings arrived at against him are unsupported by any evidence and further that he had not been given reasonable opportunity to put forward his case. In support of those contentions he had pleaded certain facts. Facts pleaded by him required investigation. It is not as if the facts pleaded do not make out the case put forward by him. Hence the High Court was not justified in summarily dismissing the writ petition. Hence we set aside the order of the High Court and remit the case to the High Court with a direction to admit the writ petition and dispose of the same according to law expeditiously. No costs.


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