A K AHLAWAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order we shall dispose of CWPs No. 2599 of 1984; 15372 of 1989; 5545 of 1994; 8466 of 1999 and 7076 of 2007 as these cases involve common legal issues for adjudication.

(2.) A three-Judge Bench of this Court, vide an order dated May 24, 1995, made the following reference for consideration by a larger Bench:

(3.) Though the three-Judges Bench did not frame any specific questions of law inviting decision by this five-Judges Bench, however, the reference order explicitly indicates that the Bench while considering the vires of Rule 9 of the Haryana State Prosecution Legal Services (Group 'A') Rules, 1979 (in short, the Group 'A' Rules) as also Rule 9 of the Haryana State Prosecution Legal Services (Group 'B') Rules, 1979 (in short, the Group 'B' Rules) perceived some conflict between these Rules and Section 24 of the Code of Criminal Procedure, 1973. Since the 'Rules' had already been held intra vires in two decisions of this Court in Gulab Singh v. State of Haryana,1980 2 SLR 561 and DD Vasudeva v. State of Haryana,1981 2 SLR 735 and Gulab Singh's case (supra) having been decided by a co-ordinate Bench, that the matter were directed to be placed before a larger Bench.