LAWS(SC)-2004-11-107

P. D. BHATNAGAR Vs. UNION OF INDIA

Decided On November 19, 2004
P. D. Bhatnagar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) By its impugned order dated 13.2.2002 the Division Bench of the High Court while setting aside the order of the learned Single Judge has remitted the case to the learned Single Judge for a fresh decision in accordance with law. Liberty was reserved with the appellant to raise the question regarding subsistence allowance by amending the writ petition, if not already raised, and consequently the respondents would also be at liberty to bring on record sufficient material to show that either subsistence allowance for the period in question has been paid and if not, for what reasons the same could not be paid. Thereafter, the appellant filed a review petition which was dismissed by the Division Bench on 16.4.2002.