Union of India &
Ors. Vs. M.C. Sharma
[Civil Appeal No. 434
of 2012 @ Special Leave Petition (C) No.12331 of 2011]
O R D E R
appeal is directed against the judgment and order dated 19.01.2011 passed by
the High Court of Delhi at New Delhi in Writ Petition No.5607 of 2010.
learned counsel for the parties to the lis.
High Court, while granting relief sought for by the appellants, has primarily
relied on a decision of this Court in the case of Raghu Nandan Lal Chaudhary &
Ors. Vs. Union of India, decided on 7th April, 1988, reported in (1988) 2 SCC
the time of hearing of this appeal, it is brought to our notice by learned
counsel appearing for the appellants that the decision of this Court in the case
of Raghu Nandan Lal Chaudhary (supra) has been over-ruled by a larger Bench of
this Court in the case of Union of India & Anr. Vs. Satish Kumar,decided on
October 25, 2005, reported in (2006) 1 SCC 360.
our opinion, had the appellants brought to the notice of the High Court, the
decision of the larger Bench of this Court in Satish Kumar's case (supra), we
do not think the High Court would have committed a mistake in over-looking the later
judgment of a larger Bench of this Court.
this view of the matter, we cannot sustain the judgment and order passed by the
High Court and the same is set aside, since the matter is squarely covered by
the decision of this Court in the case of Satish Kumar (supra). Appeal allowed
accordingly. No order as to costs.
(CHANDRAMAULI KR. PRASAD)