K A NAIR (HAV ) Vs. UNION OF INDIA
LAWS(J&K)-1993-7-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 20,1993

K A Nair (Hav ) Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

SETHI, J. - (1.)HEARD learned counsel for the parties.
(2.)IN this application seeking modification of the interim direction passed by the learned Single Judge on 30.10.1991, learned counsel for the petitioner has raised a twin objection regarding its maintainability and jurisdiction of this bench, namely, (i) that the reference by the learned Single Judge was misconceived, and (ii) that this bench bas no jurisdiction to hear or decide the present Civil Misc. Petition.
(3.)IT is submitted that the reference made by the learned Single Judge being in violation of the provisions of rule 18 of the J&K High Court Rules, 1975 (hereinafter referred to as the Rules), could not be heard and decided by the bench because instead of formulating the question of law, the learned Single Judge has directed Registrar, "to place this file before the Honâ„¢ble Chief Justice for His Lordshipâ„¢s direction/orders for constitution of a larger bench for hearing of this petition so that the point covered hereinabove are decided in light of judgment of the Supreme Court in Prithipal Singhâ„¢s case and the law laid down by this Court in Vinaik Daulata Raoâ„¢s case". It is further contended that as the Chief Justice has referred only the writ petition before this bench, the present petition having not specifically been referred, cannot be adjudicated by this bench in as much as that would amount to nullifying the provisions of the Rules.
In order to appreciate the objection raised it is necessary to refer to some facts of the case relevant for the purpose of deciding the preliminary objection.



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