JHANDU MAHTO Vs. CENTRAL FUEL RESEARCH INSTITUTE

JUDGEMENT

(1.) THIS reference to the Division Bench has been made by a learned Single Judge of this court to resolve an apparent conflict between a view taken by a learned Single Judge of this court and the opinion of the Supreme Court. 2000(1) PLJR 759 has held CSIR to be an authority within the meaning of Article 12 of the Constitution, The observations of the learned single Judge are contained in paragraph 12 of the aforesaid Judgment which were reproduce: - -

(2.) Apparently, therefore, the learned Single Judge was relying upon the propositions of law settled in the case of Ajay Hasia v. Khalid Mazid reported in AIR 1981 SC 487 and in the case of P.K. Ramchandranan Iyer v. Union of India and Ors. reported in AIR 1984 SC 541. Undoubtedly, he was referring to both these Judgments of the Supreme Court with a view to decide that the view earlier taken by the Supreme Court with regard to CSIR in the case of Sabhajit Tewary v. Union of India Reported in AIR 1975 SC 1329 stood overruled. By a process of recapitulation, let us consider and examine whether the view of the learned Single Judge in Gun -jan Mukheijee (supra) is correct or not.

(3.) In the case of Sabhajlt Tewary (supra), the following observations of their Lordships of the Supreme Court are relevant to determine whether CSIR is or is not an Authority within the meaning of Article 12 of the Constitution: - -