OM PRAKASH Vs. DIVISIONAL SUPERINTENDENT NORTHERN ELY

JUDGEMENT

(1.) THIS reference to a Full Bench arises out of a writ petition filed by a former railway employee. Om Pra kash was an employee of Northern Rail way. On 6-3-1961 he was removed from service by the Divisional Superintendent, Northern Eailway, Lucknow. Om Prakash filed in this Court in March, 1961 the writ petition challenging the order of removal He also filed an appeal to the Chief Me chanical Engineer, Northern Eailway, New Delhi against the order of removal. On 19-8-1961 the Divisional Superinten dent, Lucknow informed the petitioner that the appeal had been dismissed by the Chief Mechanical Engineer, Northern Railway, New Delhi.

(2.) THE petitioner applied to this Court for permission to implead the Chief Me chanical Engineer, Northern Railway, New Delhi and the Union of India as respondents Nos. 2 and 3 in the writ peti tion. Amendment was allowed on 3-7-1967.

(3.) WHEN the case came up before a Division Bench, the learned Judges notic ed that there was a conflict of views among High Courts as to whether the amendment of Article 226 in the year 1963 can have retrospective operation. They, therefore, referred the question of law to a Full Bench.