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2019 Supreme(Chh) 1113

P.R.RAMACHANDRA MENON, GOUTAM BHADURI, RAJENDRA CHANDRA SINGH SAMANT
Tulsiram Verma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocate Appeared:
For the Appellant :M.L. Verma, Brian De Silva, N.K. Shukla, Senior Advocates assisted by R.S. Patel, Sarabvir Singh Oberoi, Awadh Tiwari, Priyankesh Chandrakar, Awadh Tripathi, Viprasen Agrawal, Deepak Jain, Rajeev Shrivastava, Deepali Pandey, R.K. Kesharwani, Sanjeev Kr. Sahu, Arvind Kr. Dubey, K. Rohan, N. Naha Roy, A.D. Shrivastava, Sudiep Shrivastava, N.K. Malviya, Gary Mukhopadhyay, S.S. Rajput, Rishi Sahu, B.D. Guru, Sunil Otwani, Somkant Verma, Bhaskar Payasi, Prafull N. Bharat, Sourabh Sharma, J.K. Saxena, C.J.K. Rao, K.P. Sahu, Dashrath Prajapati and B.P. Rao
For the Respondent:S.C. Verma, Advocate General, Vikram Sharma, Deputy Government Advocate, Astha Shukla, Panel Lawyer, K.R. Nair, Veena Nair, Uttam Pandey, Naushina Afrin Ali, Ashok Kumar Swarnakar, Manoj Paranjpe, Prateek Sharma and Anshuman Shrivastava

JUDGMENT :

P.R. Ramachandra Menon, J.

1. "Whether the judgment rendered by a learned Judge of this Court, without affording an opportunity of hearing to the appellants herein, who are the affected parties and whose appointments have been set aside, is liable to be sustained in view of violation of the fundamental rule of audi alteram partem?"

    "Whether the course pursued by the learned single Judge in taking an independent decision, contrary to the finding rendered by a Division Bench of this Court holding that the Rules (under challenge before the learned single Judge) were 'intra vires' and valid in all respects and that no interference was possible with the 'Advertisement' impugned in the writ petition, correct and sustainable?

"Whether the learned single Judge, while rendering the verdict under challenge, has referred to all the relevant provisions of law, before arriving at the conclusion?"

"Whether such a course is permissible in law, with reference to the 'principles of judicial discipline'?"

These are some of the important points to be considered in these matters. We have ra

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