SAWROOP CHAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This petition comes before us by way of a reference. The learned single Judge had heard the matter and reserved the judgment. Subsequently, as stated by the learned Judge in the reference order, he came across the judgment of the Supreme Court in MGB Gramin Bank vs. Chakrawarti Singh, 2014 13 SCC 583. The learned Judge found that the judgment rendered by the Full Bench of this Court in Krishna Kumari vs. State of Haryana and others, 2012 2 SCT 736 has been overruled by implication. The learned Judge stated that the matter, therefore, required consideration by a larger Bench or by a Co-ordinate Bench of Krishna Kumari's case on the following question of law:-

(2.) We must, at the outset, state that it was not necessary for the learned Judge to have referred the matter to a larger Bench. The matter could have been decided by the learned Judge by following the doctrine of precedents.

(3.) Further, it is not necessary in this matter to consider the question of law framed by the learned Judge. As the matter has been argued substantially before us, we do not deem it appropriate to return the reference. We have instead decided the matter ourselves. Returning the reference would have burdened the parties with costs which is not desirable especially in a matter such as this which involves compassionate appointment.