STATE OF RAJASTHAN Vs. R C MISRA

JUDGEMENT

(1.) A Division Bench of this court consisting of Hon'ble Justice M. R. Calla and Hon'ble Justice Shashikant Sharma vide its order dated 24. 11. 2001/3. 1. 2002 ordered for placing these cases before Hon'ble the Chief Justice for constituting a larger Bench for consideration of the following two questions: 1. Whether the judgment dated 13. 12. 2001 has a binding effect as a part of the law of precedent or not? 2. Whether the right to file intra court appeals stands abrogated with the Repealing Act coming into force on 29. 8. 2001 by which the Rajasthan High Court Ordinance, 1949 was repealed notwithstanding the several other existing provisions preserving the powers of the High Court in the matter of administration of justice as contained in Article 225 of the Constitution read with Secs. 52, 54 & 57 of the State Reorganisation Act, 1956? The aforementioned two questions have been referred for determination to as under the orders of Hon'ble the Chief Justice of this Court. . . . .

(2.) THEREAFTER, when these appeals came up for hearing, learned counsel appearing for the respondents raised the following two objections about the maintainability of these special appeals: 1. That these special appeals are directed against an interim order and the order impugned in these appeals is not a final order and, therefore, they are not maintainable under Sec. 18 of the Rajasthan High Court Ordinance, 1949; and 2. That since the Rajasthan High Court Ordinance, 1949 itself has been repealed with effect from 29. 8. 2001, the date on which the His Excellency the President of India gave his assent to the repealing Act and, therefore, the present special appeals are not maintainable.

(3.) IT appears that a part of the judgment was dictated on 24. 11. 2001 and because of the changes in the constitution of Benches, the judgment could not proceed further immediately and the matter again came up before the Division Bench for completion of judgment on 3. 1. 2002.