KULDIP SINGH, YOGESHWAR DAYAL, K.JAYACHANDRA REDDY
R. S. Raghunath – Appellant
Versus
State of Karnataka – Respondent
Judgment
KULDIP SINGH, J.:- Even the General Law later in time, prevails over the earlier Special Law if it clearly and directly supersedes the said Special Law - is an unexceptionable proposition of law. K, Jayachandra Reddy, J. has interpreted Rule 3(2) of General Rules consistently with Rules 1(3)(a), 3(1) and 4(2) of the same Rules. Giving harmonious construction to various provisions of the General Rules the learned Judge has held that the General Rules do not supersede the Special Rules. Yogeshwar Dayal, J. on the other hand has focussed his attention on the language of Rule 3 (2) of the General Rules and has concluded that there is clear indication in the said Rule to supersede the Special Rules.
2. I have given my thoughtful consideration to the reasoning adopted by the learned Judges in their respective judgments. Rule, 1(3)(a) of the General Rules, which lays down the extent and applicability of the General Rules, specifically provides that the General Rules shall not be applicable to the State Civil Services for which there are express provisions under any law for the time being in force. When the General Rules were enforced the Special Rules were already holding the field
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referred to : Maharaja Pratap Sing/t Bahadw v. ThahirManmohan Dey
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