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1 - 4 of 4 (1.01 seconds)Article 136 in Constitution of India [Constitution]
Section 5 in The Limitation Act, 1963 [Entire Act]
State Of Tripura vs Sitesh Chandra Das on 22 May, 2001
Mr. Rajiv Kumar Verma has relied upon the order of the
Hon'ble Supreme Court in the matter of "State of Tripura and
Others Vs. Naresh Chandra Das [(2007) 15 Supreme Court
Cases 759]". He has submitted that in similar circumstances the
Hon'ble Supreme Court upheld the order of the High Court
setting aside the order of removal from service of the delinquent.
We may note here, though the Hon'ble Supreme Court upheld the
order of the High Court directing reinstatement of the delinquent
police constable in service, the Court did observe, "having
regard to the facts and circumstances of the case, even though
there is some force in the argument advanced by learned
counsel for the appellant, we are not inclined to interfere
Patna High Court LPA No.903 of 2011 (3) dt.22-06-2011
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under Article 136 of the Constitution." It is evident that this
judgment does hold that the absence from duty continuously for
five years does constitute a gross act of indiscipline or
misconduct.
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