LAWS(P&H)-1956-1-30

SARDAR KAPUR SINGH Vs. UNION OF INDIA

Decided On January 04, 1956
SARDAR KAPUR SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) S. Kapur Singh, a member of the Indian Civil Service, was removed from the service of the State by virtue of an order passed by the President of India and his petition under Article 226 of the Constitution was dismissed by this Court on the ground that the order of removal was valid and operative in the eye of law. He has now presented an application under sections 109 and 110 of the Code of Civil Procedure and Articles 132 and 133 of the Constitution of India in which he prays that he may be permitted to prefer an appeal to the Supreme Court of India.

(2.) Article 133 of the Constitution provides that an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the conditions mentioned in the body of the Article are satisfied. Two questions at once arise for decision namely :

(3.) The first of these questions was referred to a Full Bench of this Court in Civil Miscellaneous No. 194-C of 1955. We are of the opinion that the second question is equally important and should also be referred to and decided by a Full Bench. Ordered accordingly.