K. K. VASHISHTH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The case was reserved for orders.

(2.) The petitioner has relied upon paragraph 2 of the circular dated 21-4-1997 which provides that in case of conflict between two Departments i.e. the Department of Law & Legislative Affairs and the Administrative Department, then the matter shall be referred to the Sub-Committee of the Cabinet. However, second part of page 44 of the writ petition itself shows that paragraph 2 of the aforesaid circular providing for reference of matter to the Sub-Committee of the Cabinet, has been withdrawn, but that circular is not complete in itself i.e. the copy of document which is available at page 44 of the writ petition partly withdrawing the circular dated 21-4-1997 (paragraph 2) is incomplete on record.

(3.) In order to have correct and complete information in the record, it would be appropriate to direct the parties to file additional affidavit qua as to whether paragraph 2 of the circular dated 21-4-1997 i.e. reference of the matter to the Sub-Committee of the Cabinet in case of conflict between two Departments, has been withdrawn or not to clarify the doubt as apparent from paragraph 44 of the writ petition.