( 1 ) IA No. 2 of 1996 in CA No. 10245 of 1996 filed by Smt Kiran Sinha is allowed and she is. added as a party appellant in CA No. 10245 of 1996. The learned counsel for the parties have no objection to this order being passed.

( 2 ) LEAVE granted in Special Leave Petition (C) No. 20237 of 1996.

( 3 ) IN the impugned judgment of a division bench of the Patna High court (Honble Aftab Alam and A. N. Trivedi, JJ.) dated 1/5/1995, the division bench has taken a view which is different from the view taken by the two earlier division benches of the same High court. The judgment itself sets out that normally the matter should have been referred to a larger bench; but this may further delay the matter and hence the division bench was proceeding with its judgment. This course which is taken by the division bench has created obvious difficulties. Judicial discipline requires that if two division benches of the same High court take different views, the matter should be referred to a larger Bench. One division bench cannot ignore or refuse to follow the decision of an earlier division bench of the same court and proceed to give its decision contrary to the decision given bythe earlier divisio