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2000 DIGILAW 293 (CAL)

Samar Nath Chakraborty v. Union of India

2000-06-19

Ronojit Kumar Mitra

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JUDGMENT Ronojit Kumar Mitra, J. This is an application made under Article 226 of the Constitution of India for allowing the petitioner to join the service from which he had been discharged by an order dated July 31, 1997.1t was contended by advocate for the petitioner that no opportunity had been given to the petitioner to be heard except for a warning dated May 26, 1997.According to him, no reasons had been made known to the petitioner to contest the action of the respondent authorities. 2. From the Annexures it would appear that a letter dated June 29, 1998, Advocate for the petitioner had written the respondent authorities "to look into the matter so that my client can once again undertake the said course and prove his worth otherwise my client will suffer irreparable loss". 3. The respondent authorities had not only allowed the petitioner to pursue the course but had given three opportunities to improve himself. The petitioner, however, did not come up to the mark and according to the respondent authorities was "unlikely to become an efficient soldier". The warning which had been issued on May 26,1997 clearly recorded that extra coaching have been given to the petitioner and he had relegated to a junior post. Yet the petitioner was unable to make any head-way and the respondents were constrained of discharge him. 4. In these circumstances, this application is dismissed without any order as to costs. 5. Let urgent xerox certified copy of this order be given to advocate for the petitioner forthwith. Writ petition dismissed.