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Justice Disgraced
Me Judice (Ed.)
Justice
Disgraced
Baldev Singh
MA
2014
JUSTICE DISGRACED
by
BALDEV SINGH
245, URBAN ESTATE,
KAPURTHALA -144 601 (INDIA)
MOB. 098151-20919
Email : Baldevsingh300@gmail.com
ISBN 978-81-8465-829-3
First Edition 2011
Second Edition 2012
Third Edition 2014
Price: Rs. 100-00
Published by
THE AUTHOR
Printers:
PRINTWELL, 146, INDUSTRIAL FOCAL POINT, AMRITSAR.
Dedicated to
Contents
Preface
Title Page of SLP
Index of Special leave Petition (civil)
Office Report of Limitition A
Synopsis with list of dates
Memo of Party
9-20
21
22-23
24
25-32
33
34-42
43-56
Annexures :
P-1
57
P-2
(Promotion Letter)
58
P-3
59
P-4
P-5
P-6
63-65
P-7
66-67
P-8
(Petitioners representation)
68-69
P-9
70
71
62
+
72-77
78
79
80-82
83
84-93
94
95-97
98-101
103
PREFACE
Ex-servicemen are re-employed in Government, semigovernment and civil jobs in India. They are given certain
benefits after re-employment. I am an Ex-serviceman and was
re-employed as an officer in a Bank. I had served in the Indian
Air Force as a Combatant for nine years from 1963 to 1972.
National Emergency was declared by the Govt of India after
the Chinese aggression in 1962. Punjabi soldiers had valiantly
died in nations defence and civilians Punjabis had donated
maximum gold in national defence. Filmstar Balraj Sahni had
specially come to Ambala Cantt to request for donations from
public. I was then a Pre-University student at GMN College,
Ambala Cantt. I discontinued my studies and joined the IAF.
During 1965 and 1971 wars, I was at the forefront in Amritsar
and Aizwal (Mizoram), respectively. During my Air force days
I learnt a lot. IAF is real replica of India. No caste, no religion,
no regional units. All Indians mixed together, living together,
interacting together, working together. Of course minor
aberrations are always there. I also saw many men studying
and improving their qualifications and prospects in life. Many
universities permitted defence employee to appear privately.
Likewise Punjab University, Chandigarh was one of those. I
had passed my matric from P.U., Chandigarh. I did my B.A.
while in service and in 1973 joined as regular student for M.A.
in Mahindera College, Patiala.
I belong to a family of migrants from West Punjab.
During 1947 holocaust I had lost my father, two brothers and
one sister. We were dependent upon our Mamaji (uncle) who
was then posted as Post Master General of a State in India.
My elder brother was facilitated by him to get engineering
degree at Birla Engg. College, Pilani. (Raj). My uncle was very
honest and truthful person. These were virtues during the
British Raj but not so under Swaraj. He had soon realised it
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Preface
Preface
11
12
Preface
Preface
13
not come to court and the judge ordered that next date be
informed to him. In my case on very first opportunity it was
dismissed in default. (RAGAR DITTA). However, my case was
restored after I had applied for its restoration. As a matter
of rule civil cases are restored. It was his judgement of 6.3.98
I had prayed was wrong, in this paper book (case). I felt
aggrieved at the vindictive attitude of the constitutional
authority as high as Judge. I could not tolerate it. There is
limit to toleration. I sent all the facts to H.E. the President
of India. Not that some action will come against the judge.
I knew legal limitations of the President or for that matter any
authority. But I felt satisfied that I did not bow to injustice.
That is what my Guru had taught me.
On next date i.e. 13.2.2002 my case was listed before
another D.B. None appeared for respondents, specially
respondent No. 2. I appeared and argued that respondent
No. 2 is deliberately not filling written statement inspite of
service being completed and is using delaying tactics to delay
the final decision. The Court passed the following order :
CWP No. 16989/99
Present : Baldev Singh, Petitioner-in-person.
Admitted
To be listed for arguments on 30.7.2002. Meanwhile, the
service shall be got completed.
13.2.2002
R.L. Anand
Judge
Amar Dutt
Judge
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Preface
Preface
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16
Preface
Preface
17
18
Preface
Preface
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20
Preface
Baldev Singh
Mobile : 098151-20919
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IN THE MATTER OF :
Baldev Singh
..............................Petitioner
Versus
.........................Respondents
PAPER BOOK
(for details kindly see inside)
BALDEV SINGH :
PETITIONER IN PERSON
A 32, Sector 50, Noida 210, 301 (U.P)
Mobile No. O98151-20919
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INDEX
Sl. No. Particulars of Documents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Date
Page
11.8.09
A
A1 - A2
B to I
25.5.09
11.8.09
1 to 10
11 to 24
30.1.80
6.2.80
25
26
12.12.86
27
13.12.86
22.12.86
28 & 29
30
23.5.94
31 to 33
27.9.94
34 to 35
19.3.95
36 & 37
* Note : These page Nos. are of the Original Paper Book and not of this
book.
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23
38
39
40 to 45
46
47
48 to 50
51
52 to 61
62
Petitioner-in-Person
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A
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Petition For Special Leave To Appeal (Civil)
160/10 09
No...............of
IN THE MATTER OF :
Baldev Singh
.....................................Petitioner
Versus
..........................Respondents
New Delhi
Section Officer
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B
IN THE SUPREME COURT OF INDIA
160/10
SLP (C) No.......................
Baldev Singh
Versus
26
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18.5.1976
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28
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10.4.97
8.12.97
18.2.98
6.3.1998
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4.6.98
18.8.1998
30
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22.8.98
1.9.98
8.12.1999
28.3.07
12.10.07
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29.8.08
18.9.08
27.2.09
25.5.09
31
32
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.......................Petitioner
VS.
1.
2.
3.
Date August, 09
Filed by
Baldev Singh
Petitioner-in-Person
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2.
3.
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.....Appellant
Vs.
....Respondents
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38
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40
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42
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11
In this Honble
Court;
Petitioner 1 Petitioner 1
..............Petitioner
AND
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To
The Honble Chief Justice of India,
And his companion justices of the
Honble Supreme Court of India
The humble petition of
the petitioner
abovenamed.
12
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45
13
b)
c)
d)
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14
e)
f)
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15
g)
h)
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16
That the petitioner has not filed any other petition and
is pending seeking leave to appeal against the impugned
judgement and final order of Punjab and Haryana High
Court dt. 25.5.09 in the matter of LPA No 292/08 in CWP
No. 16989/99, in this Honble Supreme Court.
4. DECLARATION IN TERMS OF RULE 6
That the Annexures P-1 to P-17 produced along with
the SLP(C) are true copies of the documents which formed
part of the record of the case LPA No 292/08 in CWP No.
16989/99 in Honble Punjab and Haryana High Court at
Chandigarh, against whose impugned judgement and final
order dt. 25.5.09 the leave to appeal is sought for in this
petition.
5. GROUNDS :
I)
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17
50
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18
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19
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20
xv)
xvi)
xvii)
xviii)
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21
54
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Petitioner-in-Person
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23
..........................Petitioner
Versus
.......................Respondents
CERTIFICATE
Certified that Special Leave Petition is confined only
to the pleadings before the Court/Tribunal whose order is
challenged and other documents relied upon in those
proceedings. No additional facts, documents or grounds
have been taken therein or relied upon in the Special Leave
Petition. It is further certified that copies of the Annexures/
documents attached to the Special Leave Petition is
necessary to answer the question of law raised in the petition
for the consideration or to make out grounds urged in the
Special Leave Petition for consideration of this Honble
Court. This Certificate is given by the petitioner and the
petitioner whose affidavit is filed in support of the S.L.P.
filed by
New Delhi
Date : August 2, 2009
(Baldev Singh)
PETITIONER-IN-PERSON
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24
IN THE MATTER OF :
Baldev Singh
................Petitioner
Versus
...........Respondents
AFFIDAVIT
I, Baldev Singh S/o Late S. Kartar Singh Presently residing
at A-32, Sector 50, Noida 2010301 do hereby solemnly
declare and affirm on oath as under :
1. That I am the petitioner in the above mentioned
case, therefore, fully conversant with the facts, law
and the circumstances of the case.
2. That the accompanying SLP (C) has been drafted by
me. The contents are fully understood by me. The
facts given therein are true to my knowledge and
legal submissions are based on my knowledge.
3. That the SLP (C) contains from pages 9 to 24 and
para 1 to 8 and impugned judgement and order dt.
25.5.09 from page 1 to 8 in the matter of LPA No.
292/08 in CWP No. 16989/99 and total pages of the
SLP (C) contain 75 pages.
4. That the Annexures P-1 to P-17 are true copies of
their respective originals.
DEPONENT
That the contents of this affidavit are true and correct
to my knowledge, no part of it is false and nothing material
has been kept concealed therefrom.
VERIFIED AT New Delhi
12th of August, 09
DEPONENT
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25
Annexure P-1
The Punjab and Sind Bank Ltd.
(Regd. Office, Hall Bazar, Amritsar)
Sir,
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26
Annexure P-2
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27
Annexure P-3
REGD.
The Executive Director,
Punjab and Sind Bank,
21, Rajindera place,
New Delhi 110 008.
REG. BENEFITS TO EX-SERVICEMEN
Dear Sir,
I am an Ex-serviceman. I had applied for benefits
entitled to Ex-servicemen on 20.2.96 to DGM (Personnel)
but it was not replied. I made another representation on
12.8.86 Manager (Personnel) vide its letter No. RO/1971/
866/9980 dated 5.9.86 asked for certificate of pension and
last pay drawn, which are already given in my discharge
certificate of which photocopy was submitted along with my
representation dt. 20.2.96. However, I submitted in writing
again on 12.9.86 (copy enclosed) but no reply has been
received till date.
I enclose, herewith again photocopy of my discharge
certificate from the IAF. Last Salary drawn is at col no. 24
on page 10 and at page 14 and 15. It is shown that I was
discharged with gratuity otherwise at my own request after
completing 9 years of regular service, therefore, no pension
is being paid to me.
I may here add that I was serving as an Airman in the
IAF. I therefore, request your goodself for early release of
additional increments and other benefits entitled to me as an
Ex-serviceman and already given to other officers in the Bank.
Yours faithfully.
12.12.86
(Baldev Singh) officer,
Regional office, PSB, Faridkot 151 203
True Cop y
Petitioner
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28
Annexure P-4
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29
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30
Annexure P-5
OF
INDIA UNDERTAKING)
RO/866/19222
Dated 22/12/86
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31
Annexure P-6
64
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33
Sd/
G.C. Garg,
Judge
True Copy
Petitioner
66
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Annexure P-7
Mr Baldev Singh
Officer,
Punjab and Sind Bank,
B.O. Batala Road, Amritsar.
Dear Sir,
In pursuance to the Orders dated 23.5.94 of the Honble
High Court of Punjab and Haryana at Chandigarh in Civil
Writ Petition No. 5998 of 1988, the matter was considered
by the Bank. The operative portion of the judgement of the
Honble High Court is reproduced here below :
In the circumstances, I am of the view that the case
of the petitioner is required to be considered for the grant
of benefit of military service in the same manner as was
granted to said Jaswant Singh unless he stood on a different
footing.
Consequently, the writ petition is allowed with the
direction to the respondent-bank to consider the claim of the
petitioner for the grant of benefit of military service from
the due date if the aforesaid Jaswant Singh had been
granted military service and he (Jaswant Singh) belonged
to the category of Ex-serviceman, like the petitioner. Let the
claim of the petitioner as aforesaid be considered within a
period of six months and if he is found entitle to such
benefits, the same shall be released to him within the next
three months. No order as to costs.
Since no benefit of services rendered by Sh. Jaswant
Singh, Manager (since retired form the services of the Bank)
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35
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36
Annexure P-8
REGD.
Chairman and Managing Director,
Punjab and Sind Bank,
21, Rajindera Place,
New Delhi, 110 008
Dear Sir,
REG. PUNJAB AND HARYANA HIGH COURT ORDER OF
MAY 23, 1994 NOT IMPLEMENTED
DGM (Personnel), New Delhi has informed me vide
letter No. 3991 dt. 14.3.95 that letter No 2703 dt. 27.4.94
was sent to me by REGD. Post. I may inform you that no
such letter was delivered to me. The matter should be
enquired into and action taken in the matter.
2. However, going by the contents of the DGM(P)s
letter dt. 27.9.94 I may inform you that part of Punjab and
Haryana High Court Order has been quoted out of context.
Complete Order dt. 23.5.94 is operative and no part of it.
Most important part of it is concealed by DGM(P). I Quote.
After hearing learned counsel for the respondent
and petitioner in person, I find that the contents has
merit. The respondent bank has not denied in any
part of its written statement that aforesaid Jaswant
Singh had not been granted the benefits of military
service nor it has been brought out that the case of
Jaswant Singh stood on different footing than the
petitioner.
I also bring into your kind notice that if Mr. Jaswant
Singh was not given the benefits of military service then how
Mr. Jaswant Singh was promoted on 6.2.80 and placed in
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37
(Baldev Singh)
officer,
B.O. Batala Road,
Amritsar.
True Copy
Petitioner
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38
Annexure P-9
OF
INDIA UNDERTAKING)
Bank House
21, Rajindera Place,
New Delhi,
Dated 5.4.1995
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39
Annexure P-10
K.S. Bains
..........................Respondent
True Copy
Petitioner
Sd/G.C. Garg
Judge
72
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Annexure P-11
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41
74
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43
76
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45
78
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Annexure P-12
REGD.
My advocate had met dealing hand in Bank and had struk a deal
and had not filed all the papers in SLP. His son-in-law was under
suspension in the same bank.
Author
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47
Annexure P-13
Item No. 11
Court No. 2
Section IV-B
.......................Petitioner
Versus
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48
Annexure P-14
C.W.P. No. 16989 of 1999
Petitioner
Vs.
Respondents
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49
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50
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51
Court No. 9
Annexure P-15
Section IV B
True Copy
Petitioner
(Juginder Kaur)
Court Master
84
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Annexure P-16
2.
3.
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53
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54
iv.
v.
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vi.
87
55
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ii.
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57
iii.
iv.
v.
90
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59
ix.
x.
xi.
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60
xii.
xiii.
xiv.
xv.
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61
(Baldev Singh)
Petitioner-in-Person
VERIFICATION
Verified that contents of Para 1 to 3 spread over pages
1 to 13 are true and correct to my knowledge. No part of
the LPA is false and nothing has been concealed there from.
Chandigarh
18.9.08
(Baldev Singh)
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62
Annexure P-17
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OF 2009
IN
OF 2009
IN THE MATTER OF :
Baldev Singh
.....Petitioner
Versus
.....Respondents
2.
96
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PRAYER
In the facts and circumstances of this present case this
Honble Court may graciously be pleased to:
a) allow the petitioner to appear and argue in person in
this petition before this Honble Court; and
b) pass such other or further order or orders as this
Honble Court may deem fit and proper in the facts and
circumstances of the present case in the interest of
justice.
AND FOR THIS ACT OF KINDNESS THE HUMBLE
PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
Filed on: 22.12.2009
(BALDEV SINGH)
Petitioner-in-Person
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OF 2009
IN
SPECIAL LEAVE PETITION (C) NO. OF 2009
IN THE MATTER OF :
Baldev Singh
.....Petitioner
Versus
.....Respondents
AFFIDAVIT
I, Baldev Singh, S/o Sri Kartar Singh, aged about 65
years, R/O A-32, Sector-50, Noida, U.P. Presently at New
Delhi, do hereby solemnly affirm and state as under:
1.
2.
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98
REGD/Speed post
H.E. The President of India,
Rashtrapati Bhawan,
New Delhi 110 001.
MOST RESPECTFULLY SHOWETH :
SUBJECT : JUSTICE J.S. KHEHAR OF PUNJAB AND
HARYANA HIGH COURT VIOLATES OATH OF
OFFICE, IGNORES HONBLE SUPREME
COURTS DIRECTIONS DT. 29.8.08, DEVIATES
FROM ORDER DT. 27.2.09 OF HONBLE D.B.
OF PUNJAB AND HARYANA HIGH COURT AND
IMPOSES COSTS OF RS. 10000/- ON
PETITIONER OUT OF ILL-WILL
1.
2.
MAIN CASE :
The appellant, who had served in the Indian Air
Force as Air Craftsman, has prayed that he be given
the benefit of military service rendered by him. He
submits that he had rendered service from 20.01.1963
to 10.01.1968, which was declared as Emergency
period, and hence, he is entitled to be given the
benefits of the same. He has also brought to our
notice the case of one Jaswant Singh respondent
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100
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(Baldev Singh)
Bank officer (retd.)
A-32, Sector 50,
Noida 201 301
Note : Annexures C-1to C-3 of this letter are Annexures P-15 to 17 with
the S.L.P. respectively and Annexure C-4 is Impugned order of
the SLP at Pages 34 to 42 of this book.
Author
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AFFIDAVIT
I, Baldev Singh son of Shri Kartar Singh and presently
residing at A-32, Sector 50, Noida 201 301 (U.P.) do hereby
solemnly affirm and declare as under :
1.
2.
3.
DECLARATION :
I, the above named deponent do hereby declare that
the facts stated in above affidavit are correct and true to the
best of my knowledge and belief and nothing has been kept
concealed therein.
Dated : Sept. 2, 09
Place : Noida
DEPONENT
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ITEM NO. 76
Court No. 3
SECTION IVB
Petitioner(s)
VERSUS
Respondent(s)
CORAM :
HONBLE MR. JUSTICE ALTAMAS KABIR
HONBLE MR. JUSTICE CYRIAC JOSEPH
For Petitioner(s)
Petitioner-In-Person,
For Respondent(s)
UPON hearing counsel the Court made the following
ORDER
The Special Leave Petition is dismissed
(Ganga Thakur)
PS to Registrar
(M.S. Negi)
Court Master
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