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1 - 6 of 6 (0.18 seconds)The State Of Orissa vs Sudhansu Sekhar Misra And Ors on 7 November, 1967
12. As observed by this Court in State of Orissa vs. Sudhansu Sekhar
Misra (AIR 1968 SC 647 vide para 13):-
Ambica Quarry Works & Anr vs State Of Gujarat & Ors on 11 December, 1986
In Ambica Quarry Works vs. State of Gujarat & others (1987) 1
SCC 213 (vide para 18) this Court observed:-
Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002
16. We are constrained to refer to the above decisions and principles
contained therein because we find that often Uma Devis case (supra) is
being applied by Courts mechanically as if it were a Euclids formula
without seeing the facts of a particular case. As observed by this Court in
Bhavnagar University (supra) and Bharat Petroleum Corporation Ltd.
Bharat Petroleum Corporation Ltd. And ... vs N.R. Vairamani And Anr on 1 October, 2004
15. As held in Bharat Petroleum Corporation Ltd. & another vs.
N.R.Vairamani & another (AIR 2004 SC 4778), a decision cannot be
relied on without disclosing the factual situation. In the same Judgment this
Court also observed:-
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
18. We may further point out that a seven-Judge Bench decision of this
Court in Maneka Gandhi vs. Union of India & Anr. AIR 1978 SC 597
has held that reasonableness and non-arbitrariness is part of Article 14 of the
Constitution. It follows that the government must act in a reasonable and
non-arbitrary manner otherwise Article 14 of the Constitution would be
violated. Maneka Gandhis case (supra) is a decision of a seven-Judge
Bench, whereas Uma Devis case (supra) is a decision of a five-Judge Bench
of this Court. It is well settled that a smaller bench decision cannot override
a larger bench decision of the Court. No doubt, Maneka Gandhis case
(supra) does not specifically deal with the question of regularization of
government employees, but the principle of reasonableness in executive
action and the law which it has laid down, in our opinion, is of general
application.
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