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State Of Uttarakhand vs Dr. Atul Kumar Saxena on 24 July, 2017

Bench: Kurian Joseph, R. Banumathi

     ITEM NO.14                              COURT NO.6                SECTION X

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

     Diary No(s). 13229/2017

     (Arising out of impugned final judgment and order dated 06-09-2016
     in WP No. 41/2016 passed by the High Court of Uttarakhand at
     Nainital)

     STATE OF UTTARAKHAND                                               Petitioner(s)

                                                    VERSUS

     DR. ATUL KUMAR SAXENA                              Respondent(s)
     (APPLN(S) FOR CONDONATION OF DELAY IN FILING SLP, EXEMPTION FROM
     FILING C/C OF THE IMPUGNED JUDGMENT, EXEMPTION FROM FILING O.T.
     ANDCONDONATION OF DELAY IN REFILING SLP)

     Date : 24-07-2017 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE KURIAN JOSEPH
                             HON'BLE MRS. JUSTICE R. BANUMATHI

     For Petitioner(s)                 Mr. Rajiv Nanda, AOR

     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

The High Court has only followed the earlier case in granting the benefit of salary for the period, despite the fact that the respondent himself had given a bond otherwise.

Now that it is brought to our notice that the judgment that is relied upon has not been under challenge, we make it clear that the relied upon judgment and the judgment followed in this case are decided on their on facts and they shall not form a precedent for the High Court.

With the above observations, the special leave petition is dismissed.

15:38:01 IST Pending application(s), if any, shall stand disposed of.

     (NARENDRA PRASAD)                                               (RENU DIWAN)
     COURT MASTER (SH)                                              ASST. REGISTRAR