SAKHAWAT HUSAIN KHAN Vs. ALIGARH MUSLIM UNIVERSITY ALIGARH

JUDGEMENT

(1.) Aggrieved by order dated 12.12.1991, Annexure-15 to the writ petition by which petitioner's services were terminated on one month's notice on the ground that his services were no more required by the University, petitioner filed Civil Misc. Writ Petition No. 1187 of 1992 in this Court. Learned single Judge dismissed writ petition by order dated 11.12.1997. Relevant paragraphs of the order dealing with the questions involved in the writ petition, are being reproduced below :

(2.) Against the order of the learned single Judge, petitioner filed 'Special Appeal No. 1053 of 1997, which was dismissed by order dated 18.12.1997. The Division Bench though dismissed the appeal and confirmed the findings of learned single Judge, but gave liberty to petitioner/appellant to file review application, if so advised. The relevant paragraphs of the Division Bench judgment are being extracted below :

(3.) In pursuance of the observations made by Division Bench, petitioner filed present application and prayed for review of order dated 11.12.1997. Learned single Judge, however, by order dated 5.8.98 directed the application to be placed before another Judge after obtaining nomination from Hon'ble the Chief Justice. Then by order of Hon'ble the Chief Justice, application was directed to be placed before another learned single Judge of the Court, who expressed difficulty in hearing the application for review of the order passed by another learned single Judge, who is a sitting Judge and still available. Learned single Judge was of the view that the application for review should normally be heard by the same learned Judge who passed the order and if. for some reason, he is not inclined to hear application, then Bench of two Hon'ble Judges may be nominated by Hon'ble the Chief Justice. With aforesaid observations, the record of the case was directed to be placed before Hon'ble the Chief Justice, who by order dated 30.4.99 nominated this Bench for hearing the application. Thus, the review application has come before us.