LAWS(ALL)-1969-9-5

KRIPA RAM GUPTA Vs. R K TALWAR

Decided On September 26, 1969
KRIPA RAM GUPTA Appellant
V/S
R.K.TALWAR Respondents

JUDGEMENT

(1.) IN this bunch of cases comprising five writ petitions and two Special Appeals, the following two ques tions concerning the interpretation of Rule 56 (a) of the Fundamental Rules have been referred for the opinion of this Full Bench:

(2.) THE answer to question No. 1, in my opinion, is plain from the language of the rule itself and does not need any ela borate discussion. The material part of Rule 56 (a) reads:-

(3.) AS regards question No. 2, I am in respectful agreement with the answer proposed by my brother Pathak and hold that the proviso (i) to clause (a) of Fundamental Rule 56 violates Articles 14 and 16 of the Constitution.