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UNION OF INDIA v. EX. RECT TAPAS KUMAR ADAK

Supreme Court of India | Diary 24093/2022

Status

Order

Decided On

2024-12-06

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SANJAY KUMAR

Petitioner

UNION OF INDIA

Respondent

EX. RECT TAPAS KUMAR ADAK

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Full Judgment Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3360 OF 2023

UNION OF INDIA & ORS. ..... APPELLANT(S)

VERSUS

EX. RECT. TAPAS KUMAR ADAK ..... RESPONDENT(S)

with

CONTEMPT PETITION (CIVIL) NO. 1208 OF 2023 IN

CIVIL APPEAL NO. 3360/2023

O R D E R

CIVIL APPEAL NO. 3360 OF 2023

During the pendency of the present appeal, we had directed

the respondent, Tapas Kumar Adak, to join service and the

appellants were directed to send him for the training provided to

new entrants. Thereafter, a couple of orders were passed to ensure

that the respondent, Tapas Kumar Adak, joins the training course.

Unfortunately, the respondent, Tapas Kumar Adak, was not able

to clear the Physical Proficiency Test, Drill Chance, and

Battlefield Proficiency and Efficiency Tests, in spite of three

attempts being permitted. The original papers in the form of mark

sheets with regard to the said tests have been produced.

Photocopies thereof have also been placed on record.

In the above circumstances and facts, we allow the present

appeal and direct that the respondent, Tapas Kumar Adak, cannot,

1

therefore, claim enrollment, post the training, as a Hair Dresser.

We also clarify that the payments which have been made to the

respondent, Tapas Kumar Adak, since the date of joining till the

completion of the training course, will not be recovered.

Pending application(s), if any, shall stand disposed of.

CONTEMPT PETITION (CIVIL) NO...

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