MORA HO Vs. STATE OF BIHAR

JUDGEMENT

(1.) :- I have gone through the two judgments prepared by my two learned brothers (S.J. Mukhopadhaya and M.Y. Eqbal, JJ.) who along with me were the members of the Full Bench, which was constituted to answer the questions referred, which have been reproduced on the 2nd page of the judgment of Hon'ble S.J. Mukhopadhaya, J.

(2.) Hon'ble S.J. Mukhopadhaya, J. has held that Wilkinson's Rules have not been framed by the Governor General in the Council, who was the only competent authority at the relevant time to frame such Rules and, therefore, they lack statutory force and the law laid down by the Division Bench earlier in the case ofDulichand Khirwal, AIR 1958 Pat 366 and Mahendra Singh's case, AIR 1958 Patna 603,does not represent the correct legal position. Hon'ble M.Y. Eqbal, J. on the other hand has taken a contrary view holding the said Rules to be statutory in nature. The decisions of the Division Bench of this Court in Dulichand Khirwal, AIR 1958 Patna 366 and Mahendra Singh's case, AIR 1958 Patna 603 (supra) have, accordingly, been approved by him.

(3.) For the reasons given by Hon'ble S.J. Mukhopadhaya, J. I agree with him that the Wilkinson's Rules have not been framed by a competent authority and, therefore, they lack statutory force.