GIG RAJ PATODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The difference of opinion that has arisen in the present batch of cases has been resolved by me in Writ Petitions No. 4789/1995 and 1953/1997. I have while agreeing with Madan Lokur, J. held that there was neither any occasion nor was there any application of mind on the part of the competent authority to the question of dispensing with the enquiry under Section 5A at any stage prior to the issue of declaration under Section 6 of the Act. The reasoning adopted by me for taking that view in WP(C) No. 4789/1995 applies to the present batch of cases also. I therefore reiterate my agreement with the view expressed by Lokur, J. and direct that these present petitions shall now be posted for appropriate orders before the appropriate bench.