LAWS(MPH)-2019-3-98

RAJKUMAR SAHU Vs. STATE OF M.P.

Decided On March 18, 2019
RAJKUMAR SAHU Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition has been referred to a Larger Bench to reconsider the conclusions recorded by the Full Bench of this Court in the case of Nitesh Rathore and another Vs. State of M.P. and others, 2018 (4) M.P.L.J. 193, in respect of Issue nos.5 and 6 framed and answered thereunder, which are as follows:-

(2.) Having heard the learned counsel for the parties and having perused the judgment in the case of Nitesh Rathore (supra), it is observed that several issues have been raised and are required to be considered by this Larger Bench for determining whether question nos.5 and 6 have been rightly decided or not by the Full Bench in the case of Nitesh Rathore (supra). The following questions/issues that arise are as under:-

(3.) Before we proceed any further to examine the interpretation of Rule 53 of the Rules of 1996, as made by the Full Bench in the case of Nitesh Rathore (supra), it is pertinent to note that the constitutional validity of Rule 53 of the Rules of 1996, as amended by notification dated 18.5.2017 has already been upheld by the Division Bench of this Court in the case of Ram Kumar Sahu vs. State of M.P., 2018 (4) MPLJ 771.