Supreme Court of India
Tej Ram Bery vs Union Of India (Uoi) And Anr. on 30 November, 1971
Equivalent citations: AIR1972SC1966, (1972)4SCC811, 1972(4)UJ320(SC), AIR 1972 SUPREME COURT 1966, 1972 4 SCC 811 1972 SERVLR 148, 1972 SERVLR 148, 1972 SERVLR 148 1972 4 SCC 811, 1972 4 SCC 811
Author: K.S. Hegde
Bench: A.N. Grover, A.N. Ray, K.S. Hegde
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.