State of Rajasthan Vs. Gopal Singh

- [a.m. ahmadi and; n. venkatachala, jj.] -- constitution of india - articles. 226 and 227 - review petition - proper constitution of bench - writ petition filed by police constable challenging his dismissal from service, dismissed by division bench of two judges of rajasthan high court - review application filed against order heard and disposed of by one of the judges who heard the writ petition as the second judge was not available - held, procedure followed was not in keeping with rule 64 of the rules of rajasthan high court which provided that in such a situation the papers should be placed before the chief justice for constitution of a bench of two judges for disposal of the review petition - hence impugned order set aside and case remanded to high court for disposal of review petition in accordance with law - rules of the high court of judicature for rajasthan, 1952, r. 54 - civil procedure code, 1908, order. 47, rule. 5 -- the division bench by its judgment and order dated 1-2-1989, dismissed the writ petition. that clearly was not in keeping with rule 64 of the rules of the high court of judicature for rajasthan, 1952, read with rule 5 order 47 of the code of civil procedure. the papers will be placed before the learned chief justice for constituting a bench of two learned judges for disposal of the review petition.a.m. ahmadi and; n. venkatachala, jj.1. special leave granted*.2. the respondent, a police constable, was dismissed from service on certain charges. he filed a writ petition in the high court which was heard by a division bench of the high court comprising two learned judges. the division bench by its judgment and order dated 1-2-1989, dismissed the writ petition. against that the delinquent filed a review application which was heard by one of the judges, constituting the division bench, presumably because the second learned judge was not available. in such a situation under rule 64 of the rules of the high court of judicature for rajasthan, 1952, the proper procedure to be followed was to lay the application before the learned chief justice, who with due regard to the provisions of rule 5 of order 47 of the code will constitute a bench for hearing and disposal of such application. in the instant case unfortunately this procedure was not followed but one of the learned judges constituting the division bench which disposed of the main petition exercised power of review and reversed the earlier order. the effect of this order is that a matter which would ordinarily go to a division bench came to be disposed of by a learned single judge. that clearly was not in keeping with rule 64 of the rules of the high court of judicature for rajasthan, 1952, read with rule 5 order 47 of the code of civil procedure.3. we, therefore, set aside the order in review and remit the matter to the high court. the papers will be placed before the learned chief justice for constituting a bench of two learned judges for disposal of the review petition. the appeal is allowed accordingly with no order as to costs.