UNION OF INDIA Vs. RAJESH VYAS

JUDGEMENT

(1.) These five appeals have a common matrix in the judgment of a Division Bench of the Rajasthan High Court at Jodhpur dated 26.9.2000. Eight Special Appeals were filed by the Union of India and others under Section 18 of the Rajasthan High Court Ordinance, 1949 (in short the Ordinance). Challenge in the Special Appeals was to the order passed by a learned Single Judge of the High Court allowing the writ petitions filed. It was held that the dispute in writ petitions was squarely covered in favour of the writ petitioners by a judgment of this Court in Union of India and Ors. vs. Corporal A.K. Bakshi and Anr. (1996) 3 SCC 65). The High Court by the common impugned judgment upheld the view of the learned Single Judge in four cases and in two cases held that the appeals filed by the Union of India deserved to be allowed. In four cases filed by the Union of India before this Court, the Division Bench upheld the view of the learned Single Judge and held that the order was passed in clear violation of the principles of natural justice.

(2.) In the said appeals, stand of the Union of India is that show cause notice was issued to which reply was furnished by the respondent in each case and after consideration of the same, the order of discharge was passed.

(3.) In the two appeals, which were decided in favour of the Union of India it was held that show cause notice was duly issued and there was no reply. Against one such order Civil Appeal No. 2670 of 2002 has been filed.