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C.Jacob vs Director Of Geology & ... on 3 October, 2008

As noticed above, the learned Single Judge examined the claim, as if it was a live claim made in time, finds fault with the respondents for not producing material to show W. P.(C) No. 2610/2011 Page 11 of 16 that termination was preceded by due enquiry and declares the termination as illegal. But as the petitioner has already reached the age of superannuation, the learned Single Judge grants the relief of pension with effect from 18.7.1982, by deeming that he was retired from service on that day. We fail to understand how the learned Single Judge could declare a termination in 1982 as illegal in a writ petition filed in 2005. We fail to understand how the learned Single Judge could find fault with the department of Mines and Geology, for failing to prove that a termination made in 1982, was preceded by an enquiry in a proceedings initiated after 22 years, when the department in which the petitioner had worked had been wound up as long back as 1983 itself and the new department had no records of his service.‖ (* C. Jacob vs. Director of Geology and Mining Indus. Est. And Anr. (2008) 10 SCC 115 )
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