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Narendra Kumar and anr. Vs. State of Bihar and anr. - Court Judgment

SooperKanoon Citation

Subject

Criminal

Court

Supreme Court of India

Decided On

Case Number

Criminal Appeal No. 1277 of 2009 (Arising out of SLP (Crl.) No. 3003 of 2008)

Judge

Appellant

Narendra Kumar and anr.

Respondent

State of Bihar and anr.

Excerpt:


- labour & services leave: [s.h.kapadia & aftab alam,jj] refusal of special leave to medical officer on ground of administrative exigencies - special leave for self employment cannot be claimed as of right. court cannot interfere. order cannot be interfered with even on ground of discrimination. orderleave granted.heard learned counsel for the parties.considering the facts and circumstances of the present case and after perusing the impugned order, we are of the view that the order impugned in this appeal is neither a speaking nor a reasoned order. in that view of the matter, we set aside the impugned order and send the matter back to the high court for fresh disposal in accordance with law. the appeal is accordingly allowed to the extent indicated above.

Judgment:


ORDER

Leave granted.

Heard learned Counsel for the parties.

Considering the facts and circumstances of the present case and after perusing the impugned order, we are of the view that the order impugned in this appeal is neither a speaking nor a reasoned order. In that view of the matter, we set aside the impugned order and send the matter back to the High Court for fresh disposal in accordance with law. The appeal is accordingly allowed to the extent indicated above.


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