State Of Raj And Anr vs Raj Civil Service Appel &Anr on 1 August, 2011
Against judgment of the ld.Single Judge intra-court appeals were preferred by the present appellants and relying upon judgment of the Apex Court in the case of State of Rajasthan Vs. Sushil Sharma [Civil Appeal No.5283/2001] dt.10.08.2001 and submitted that two wrongs cannot make one right and any concession of the counsel, which has been recorded, if is contrary to the provisions of law that may not have a binding effect and merely because some Officer has been given some unwarranted favour, it cannot be a ground for the Rules being allowed to be violated. Taking note of the view of the Apex Court, the Division Bench was of the view that the ld.Single Judge ought to have dealt with the matter on merits and prima facie, good case of review was made out and accordingly, while dismissing the batch of special appeals vide order dt.03.09.2012 granted liberty to the appellants of filing review applications and ordered that if such review applications are filed, the same be decided on merits.