UNION OF INDIA Vs. TULSHIRAM PATEL

JUDGEMENT

(1.) A benevolent and justice-oriented decision of a three-judge Bench of this Court, rendered ten years back in a group of service matters, (D.P.O. Southern Railway v. T.R. Challappan), [1976-1 L.L.J. 68] is sought to be overruled by the judgment proposed to be delivered by my learned Brother Madon, J, with which, the majority appear to agree. "Challappan" having held the field for such a long time, it would have been appropriate if a meeting of the Judges constituting the Bench had been convened to seriously deliberate and evolve a consensus as to whether or not to overrule it. A 'give' and 'take' of ideas, with due respect for the holders of the opposite point of view (in a true democratic spirit of tolerance), with willingness to accord due consideration to the same, would not have impaired the search for the true solution, or hurt the cause of justice. The holders of the rival view points could have, perhaps, successfully persuaded and converted the holders of the opposite point of view, or got themselves persuaded and converted to the other point of view.

(2.) BROTHER Madon, J, to whom the judgment was assigned by the learned Chief Justice, also appears to suffer heart-ache on the same score, for, in his covering letter dated July 6, 1985 forwarding the first instalment of 142 pages he says:

(3.) THE sphere in which I am able to agree with the proposed judgment is in regard to the matters arising out of orders passed in exercise of powers under Art 311(2) (c) of the Constitution of India and the orders proposed to be passed therein. In the result: