Union Of India & Ors vs Rakesh Kumar on 30 March, 2001
24. Learned counsel for the petitioner has placed before this
court the pronouncement of the Supreme Court reported at (2001) 4
SCC 309 Union of India & Ors. v. Rakesh Kumar wherein a
similar contention raised by the respondent was rejected. The
observations of the Supreme Court on the applicability of the
clause (2)(b) of Rule 49 may usefully be extracted in extenso and
reads as follows: