Supreme Court Of India
ACHAL MISRA
Versus
RAMA SHANKER SINGH
Decided on July 20, 2004
Constitution of India, 1950, Articles 141 and 145(3) - Reference to larger Bench- A Bench consisting of two learned Judges of Supreme Court has expressed doubts about the correctness of the view taken by a three-Judge Bench in Ganpat Roy v. ADM, 1985(2) SCC 307, therefore, directed the matter to be placed before a larger Bench- In view of the Constitution Bench decision of Supreme Court in Pradip Chandra Parija v. Pramod Chandra Patnaik, (2002)1 SCC 1, matter must first be heard by a Bench of three Judges Matter accordingly directed to be placed before three judge Bench. [Paras 1 and 2]
( 1 ) A Bench consisting of two learned Judges of this Court has expressed doubts about the correctness of the view taken by a three-Judge Bench in Ganpat Roy v. ADM and, therefore, directed the matter to be placed before a larger Bench.
( 2 ) THE learned counsel for the respondents has invited our attention to the Constitution Bench decision of this Court in Pradip Chandra Parija v. Pramod Chandra Patnaik according to which the present matter must first be heard by a Bench of three Judges.
( 3 ) LET this matter be set down for hearing before a three-Judge Bench. The parties to file a brief synopsis of submissions setting out: (i) brief relevant facts; (ii) the relevant statutory references; and (iii) list of the authorities relied on, within a period of three weeks.
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