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State of Orissa & Ors Vs. Bhagaban Sarangi & Ors [1994] INSC 504 (1 October 1994)

K. Jagannatha Sheetty, R.M. Sahai and Yogeshwar Dayal, Jj.

ACT:

HEAD NOTE:

ORDER

1.In our opinion, it is not correct for the Tribunal to have stated that they are not prepared to accept the judgment of the Orissa High Court in Kunja Behari Rath v. State of Orissal. We make it clear that the Tribunal in this case is nonetheless a Tribunal and it is bound by the decision of the High Court of the State. It is incorrect to side-track or by pass the decision of the High Court.

+ From the Judgment and Order dated 19-9-1990 of the High Court of Orissa Admn. Tribunal, Bhubaneswar in T.A. No. 446 of 1986 1 O.J.C. No. 668 of 1969 400 2.However, on the merits of the matter, we do not think that there is any case for interference. The order of the Tribunal appears to be just. We accordingly dismiss the special leave petition.

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