C S S RAO Vs. RAJESH

JUDGEMENT

(1.) This appeal arises out of the order dated 5th October, 2001 passed by the learned Single Judge disposing of the writ petition filed by the appellant. Counsel appearing for the appellant has drawn our attention to the relief portion of the writ petition which reads as under:-

(2.) As a matter of fact the first three reliefs which are sought for are inter-connected and arise out of the memo dated 9.7.2001 issued by the respondent. According to the learned counsel for the appellant he is challenging para 5 of the said memo, that the alleged unauthorised absence for the period from 28.3.2000 onwards till he resumed his duty shall be treated as dies-non. It is further brought to our notice by the counsel for the respondent that disciplinary proceeding were initiated against the appellant and on conclusion the disciplinary authority has imposed the punishment of 'compulsory retirement' upon the appellant.

(3.) Being aggrieved by aforesaid order of compulsory retirement the appellant has filed a Civil Suit which is pending. However, against the Memo dated 9th July, 2001, the appellant filed Civil Writ Petition No.6099/2001, which was disposed of by the learned Single Judge vide order dated 5th October, 2001. The said order dated 5th October, 2001 is subject matter of the present appeal.