DINESH SINGH Vs. AGENT BENGALI COLIERY ESTERN COALFIELDS LTD
LAWS(CAL)-2006-7-16
HIGH COURT OF CALCUTTA
Decided on July 28,2006

DINESH SINGH Appellant
VERSUS
AGENT BENGALI COLLIERY (R), EASTERN COALFIELDS LTD. Respondents

JUDGEMENT

- (1.) The petitioner files this writ application challenging the order of dismissal passed by the respondent authorities as communicated to him under Memo No. SAT/Per/GM/85/10990 dated 14th December, 1985.
(2.) At the very outset Mr. R.N Majumder, learned Aovceste appearing on behalf of the respondents, raise a preliminary objection. According to Mr. Majumder, there is a provision under the rules to prefer an appeal against the impugned order. So the petitiomer can not come before this Court straightaway by filing this writ application to challenge the impugned order of dismissal. Mr. Majumder relied upon the judgements of the Hon'ble Supreme Court of India passed in Delhi Cloth and General Mills Co. vs. Ludh Budh Singh, reported in AIR 1972 SC 1031, and in Mohini vs. General Manager, Syndicate Bank, reported in H.C. Kant LLJ 351.
(3.) Mr. Kalyan Kumar Bandyopadhyay, learned Senior Counsel appearing on behalf of the petitioner submits that this writ application is filed by the petitioner for getting relief against the violation of his fundamental right as guaranteed under Article 14 of the Constitution of India. According to Mr. Bandyopadhyay, the principles of natural justice have been violated in each and every stage of the proceeding. Mr. Bandyopadhyay further submits that such violation of the principles of natural justice can be proved on the basis of the admitted facts of the case.;


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