SURESH CHANDRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ram Balak Mahto, in C.W.J.C. No. 1210 of 2002 and Mr. Vinod Kumar Kanth in C.W.J.C. No. 1216 of 2002 and Mr. Ashok Kumar Singh, Special P.P. for the State Government.

(2.) THIS order shall decide the above referred two petitions as the writ petitions raise common question of law.

(3.) IN the earlier litigation as contended by the learned Counsel for the State the very validity of the amendment Rules 2001 was challenged. As submitted, this Court stayed the operation of the amendment rules, but the Supreme Court stayed the operation of the order passed by this Court. The law on the question of 'stay' is very clear. When an authority or a Court stays the operation of a particular thing then the same cannot be executed but when the higher authority or the higher Court in the system grants stay over the first order staying the operation of thing or rules, the second order would cover the field and the order granted by the first Court/authority shall loose its efficacy for all practical purposes. The effect of the order passed by the Supreme Court would be to revive the applicability of rules dated 23rd March, 2001 and so long as the stay granted by the Supreme Court is in force, none can say that the rules dated 23rd March, 2001 shall not be observed or the rules would remain in abeyance.