PETITIONER: STATE OF RAJASTHAN Vs. RESPONDENT: GOPAL SINGH DATE OF JUDGMENT17/09/1993 BENCH: AHMADI, A.M. (J) BENCH: AHMADI, A.M. (J) VENKATACHALA N. (J) CITATION: 1994 SCC Supl. (2) 404 ACT: HEADNOTE: JUDGMENT:
ORDER
1. Special leave granted*.
2. The respondent, a Police Constable, was dismissed from
service on certain charges. He filed a writ petition in the
High Court which was heard by a Division Bench of the High
Court comprising two learned Judges. The Division Bench by
its judgment and order dated 1-2-1989, dismissed the writ
petition. Against that the delinquent filed a review
application which was heard by one of the Judges,
constituting the Division Bench, presumably because the
second learned Judge was not available. In such a situation
under Rule 64 of the Rules of the High Court of Judicature
for Rajasthan, 1952, the proper procedure to be followed was
to lay the application before the learned Chief Justice, who
with due regard to the provisions of Rule 5 of Order 47 of
the Code will constitute a Bench for hearing and disposal of
such application. In the instant case unfortunately this
procedure was not followed but one of the learned Judges
constituting the Division Bench which disposed of the main
petition exercised power of review and reversed the earlier
order. The effect of this
* Corrected on September 20 1993
405
order is that a matter which would ordinarily go to a
Division Bench came to be disposed of by a learned Single
Judge. That clearly was not in keeping with a Rule 64 of
the Rules of the High Court of Judicature for Rajasthan,
1952, read with Rule 5 Order 47 of the Code of Civil
Procedure.
3. We, therefore, set aside the order in review and remit
the matter to the High Court. The papers will be placed
before the learned Chief Justice for constituting a Bench of
two learned Judges for disposal of the review petition. The
appeal is allowed accordingly with no order as to costs.
407