C.M.LODHA, J. - (1.) 'Sex', 'Morality' and 'law', the traingular complex of this judgment, is an spontaneous result of the unusual protest and vehemence at the Bar of counsel of petitioner that the High Court cannot refuse to give relief to the petitioner even though he acted like a 'sex starved vulture' in a Railway station waiting room, while putting the robes of a Railway Ticket Collector on duty and, exhibited debased and reprehensible conduct, by making the lonely lady passenger his prey, for satisfying his lust and ogery of sex, by committing sexual intercourse after bolting the door from inside and putting the light off, both of room and the minimum ethics and morality, betraying the saying that 'even birds have got seasons' and 'dacoits a code of ethics'. This is one sentence genesis of this writ petition based on technical violation of the Railway Service rules for dismissal notice of the petitioner, and, the pivot of reasons of its rejection in liminie, even though the petitioner had technically a plausible case for consideration.
(2.) 'Law' as observed by 'Morris Cohen' is a science of social instrument, its main object being to establish socio economic justice and remove the existing imbalance in the socioeconomic structure. The dynamics of law has never been more eloquently described then by the Brinadaranyako Parishad. 'Law' says the Upnishad is the 'King of Kings, for more powerful and rigid than they. Nothing can be migther than law, by whose aid as by that of the highest monarch, even the weak may prevail over the strong.
(3.) YAJNYAVALKYA who came much after Manu divides Dharam Shastra into Achara or ritual, Vyavahara or jurisprudence and Prayaschitta or expitation.;