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february 2008

Supreme Court of India · 2008-02-28

ZILA PARISHAD AURANGABAD vs MIRZA MAHMOOD (D) BY LRS. .

Citation / case number
SC 2001/1135
Court
Supreme Court of India
Petitioner
ZILA PARISHAD AURANGABAD
Respondent
MIRZA MAHMOOD (D) BY LRS. .
Bench
H.K. SEMA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court set aside the High Court's order that quashed the compulsory retirement of the deceased respondent, holding that the writ petition was barred by laches and negligence. The Court emphasized that the relief under Article 226 of the Constitution is discretionary and should not have been granted in this case due to the respondent's prolonged absence and delay in challenging the show-cause notice. The Court concluded that the High Court's decision was unknown to law and allowed the appeals without costs.

ZILA PARISHAD AURANGABAD vs MIRZA MAHMOOD (D) BY LRS. . · Niyam