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february 2008

Supreme Court of India · 2008-02-28

Zila Parishad Aurangabad & Anr vs Mirza Mahmood (D) By Lrs. & Ors

Court
Supreme Court of India
Petitioner
Zila Parishad Aurangabad & Anr
Respondent
Mirza Mahmood (D) By Lrs. & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the High Court's order quashing the compulsory retirement of the deceased respondent and deeming him to have continued in service was erroneous and unknown to law. The Court emphasized that the writ petition was barred by laches and negligence, as the respondent had been absent since 1964 and only filed a petition in 1987, which was subsequently withdrawn. The Court ruled that the High Court improperly exercised its discretion under Article 226 of the Constitution, leading to the appeal being allowed and the High Court's order being set aside.

Zila Parishad Aurangabad & Anr vs Mirza Mahmood (D) By Lrs. & Ors · Niyam