Talukdar, J.

1. FROM Caesar to Caesar's wife. It is in such trajectory we are reminded of the decision of the Supreme Court in Kalabharati Advertising v. Hemant Vimalnath Narichania and Others reported in (2010)9 SCC 437 where in similar situation it was held :-

"The cliche of appeal from Caesar to Caesar's wife can only be bettered by appeal from one's own order oneself"

2. WHILE Holding so Dr. Chauhan, J. speaking for the Bench had relied on its earlier decision in Ram and Shyam Company v. State of Haryana reported in (1985) 3 SCC 267 where Desai, J. writing the judgment for the Bench had held: To whom do you appeal in a State administration against the decision of the Chief Minister ? The ditch of appeal from Ceasar to Ceasar's wife can only be bettered by appeal from one's own order to oneself." It is in one such curve we have been interfaced with an order rendered by the Hon'ble Single Judge in W.P. 23840 (W) of 2010 on 17.3.2011 which contains two parts - one which the appellant does not agitate; the other he murmurs could have been otherwise.

3. BACKGROUND facts require to be set out so as to have a whole hog of the entire issue before us - dates back to the story of a