- Court
- Supreme Court of India
- Decided
- 17 January 1996
- Bench
- K. Ramaswamy, B. L. Hansaria, S. B. Majmudar
- Result
- Appeal allowed.
Headnote
Se1vice Law :
Order of the Tribwtal-Set aside in view of the law laid down by Supreme Cowt and as the matter is covered by the decision.
Kamataka Public Se1vice Commission & Ors. v. B.M. Vijay Shanker & Ors., [1992] 2 SCC 206, held applicable.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Though the notice was sent to the respondent on September 28, 1993, it came back with an endorsement "Not present. Hence return to sender". It would be obvious that the respondent is avoiding service. Notice must, therefore, be deemed to have been on the respondent.
Leave granted.
The controversy raised in this case is covered by the decision of this Court in Kamataka Public Se1vice Commission & Ors. v. B.M. Vijaya Shanker & Ors., [1992] 2 sec 206.
Following the said decision, the appeal is allowed and the order of the Tribunal is set aside, but without costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2413 of 1996.
From the Judgment and Order dated 18.12.90 of the Karnataka Administrative Tribunal at Bangalore in A No. 6612 of 1990.
Appearances
M. Veerappa for the Appellant.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.