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K.C. Bajaj Vs. Union of India [02/07/13]

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[Special Leave Petition (C) Nos. 3358-64 of 2011]. [Special Leave Petition (C) Nos. 3367-3368 of 2011]. In compliance of order dated 4.5.2012, the respondents filed an affidavit of Shri Manoj Kumar, Under Secretary/E(O)II, Railway Board, Ministry of Railways. After considering the affidavit and hearing further arguments, the Court passed order dated 1.11.2012 and directed the learned Additional Solicitor General to produce the file before the Court on the basis of which clarification dated 29.10.1999 was issued. On 13.12.2012, learned counsel for the petitioners handed over xerox copy of the approval accorded by the Prime Minister under Rule 12 of the Government of India (Transaction of Business) Rules, 1961 for withdrawal of the Office Memorandum issued by the Department of Pension and Pensioners' Welfare on 29.10.1999. After perusing the same, the Court asked the learned Additional Solicitor General to ensure production of the file in which the decision of the Prime Minister was recorded. On 11.4.2013, the Court passed the following order: "Further arguments heard, which remained inconclusive.

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