LAWS(SC)-2010-3-9

STATE OF HARYANA Vs. JAGDISH

Decided On March 22, 2010
STATE OF HARYANA Appellant
V/S
JAGDISH Respondents

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) This matter has come up before us upon reference having been made by a Two-Judge Bench vide order dated 04.11.2009 upon noticing an inconsistency in the views expressed by this Court in the case of State of Haryana & Ors. v. Balwan, 1999 AIR(SC) 3333 on one hand and in the cases of State of Haryana v. Mahender Singh & Ors., 2007 13 SCC 606; and State of Haryana v. Bhup Singh, 2009 AIR(SC) 1252, on the other hand. The inconsistency, which was pointed out in the said order was noticed by taking into account the para 5 of the judgment in Balwan (supra) which is as follows :-

(3.) The views expressed in Mahender Singh (supra) and Bhup Singh (supra) were as follows :-