DWIJENDRA NATH ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE, in both the aforesaid writ petitions, common questions of fact and law are involved and both have been heard analogously, they are being decided by this common judgment, having binding effect upon both of them. Civil Misc. Writ Petition No. 23125 of 2004, which has been dealt with herein will be considered as leading case.

(2.) THIS writ petition has been filed under Article 226 of the Constitution to get an appropriate order passed, setting aside the office order dated 14th October, 2003 and the order of rejection of appeal, dated 6/10 February, 2004 and consequential orders in connection therewith. The writ petition was filed on 19th June, 2004 and the parties have exchanged the affidavits.

(3.) AT the time of hearing of the writ petitions, learned Counsel appearing for the Union of India, raised an objection about the maintainability of such writ petitions directly before the writ Court.