The Deputy Commissioner Of Police vs Kamalakannan on 30 April, 2025
20.When the Union of India sought to distinguish the earlier decisions in
Giriraj Sharma and Syed Zaheer Hussain (both cited supra), the Hon’ble
Supreme Court clarified that the relief granted in those cases was in the exercise of
its discretionary powers under Article 142 of the Constitution. This position was
reaffirmed in Eastern Coalfields Ltd. v. Ajit Mondal, reported in 2023 LiveLaw
(SC) 209, wherein the Court held as follows: —
“Though the learned counsel for the appellants tried to distinguish the
two decisions relied upon by the Division Bench in the impugned
order, namely, (1) Union of India and Others vs. Giriraj Sharma [1994
Supp (3) SCC 755], and (2) Syed Zaheer Hussain vs. Union of India
and Others [(1999) 9 SCC 86], on the ground that in these cases, the
period of absence was very very less, we do not think that the
principle can be tested on the strength of the number of days of
absence.