Supreme Court of India
KARNATAKA PUBLIC SERVICE COMMISSION versus P.S. RAMAKRISHNA on 17 January 1996
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A
KARNATAKA PUBLIC SERVICE COMMISSION
v. P.S. RAMAKRISHNA
JANUARY 17, 1996
B [K. RAMASWAMY, B.L. HANSARIA AND S.B. MAJMUDAR, JJ.]
Se1vice Law :
Order of the Tribwtal-Set aside in view of the law laid down by C 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.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2413 of D 1996.
From the Judgment and Order dated 18.12.90 of the Karnataka Administrative Tribunal at Bangalore in A No. 6612 of 1990.
M. Veerappa for the Appellant.
E
The following Order of the Court was delivered :
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.
F
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 G 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.
G.N.