following reliefs:
"a) To set aside and quash the impugned order of termination dated -
10.12.2019 vide Memo ... decisions supra, and having held the: termination as
bad and without authority, we would quash the termination order with
direction to. consider accommodating
seek the following reliefs:
"S.a) To quash and/or set aside the impugned termination order being No. 2165 dated
23rd December, 2016 issued ... bail in
favour of the applicant despite such order, the impugned order of termination is wholly
bad in law and illegal. The question will arise
aside the Termination Order dated
15.07.2022 bearing L.No.F/Dy.CPO(W)/E-3(C)/Misc/Vijay Poddar;
b) An order quashing ... respondents to reinstate the applicant in his
initial post after quashing the Termination Order dated 15.07.2022 and grant all
consequential promotional and monetary benefits
settled that termination order cannot be given effect
retrospectively, and retrospective termination is _ impermissible.
Therefore, the said termination order dated 08.06.2020 effecting
termination retrospectively from ... hence to be quashed for the ends of justice.
17
10. Accordingly, we would quash the termination order dated 08.06.2020 with --
all consequential benefits with
this original application.
b) To quash and/or set aside the impugned final order of termination of
service at the applicant dated 13™ July ... substantiated.
7. For the ends of Justice the termination order is quashed with all
consequential benefits with liberty to the respondents to initiate
proceedings, against
learned counsel for the applicant, this Bench while
quashing the order of termination dated 4.12.2012 granted liberty to the respondents
that if they want ... order of termination being against the order of this Bench, principles of
natural justice and rules, the same is liable to be quashed
UTTA BE N CH
No. OA. 350/00123/2015 Date of Order: 20.06.2018
Present: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Amit Biswas ... service was
terminated on 01.06.2005 and upon challenge the termination order was
quashed and he was treated)i h't 'rc4pii with effect
given at the interim stage. In case
the order of suspension or termination or dismissal or removal is stayed
at the interim stage it amounts ... stayed by interim order. In case any
public servant is finally ordered to be reinstated after quashing the order
of termination, removal, dismissal, suspension
Respondents : Advocate Shri V.D.S. Balan, Standing Counsel
ORDER
Justice K. Haripal, Judicial Member:
The applicant was appointed as Watchman in the Office ... order dated 27.07.2018, the Writ Petition was dismissed and then he
approached this Tribunal with the instant Original Application for
quashing the termination proceedings
that where an applicant get an order by making misrepresentation or playing
fraud upon the competent authority, such order cannot be sustained ... there was any procedural
irregularity, there was. no justification for quashing the order of termination.
Accordingly, had 'allowed the appeal filed by the Union
