Special Leave Petition (C) Nos. 3358-64, 3367-3368, 6596 and 6597 of 2011 and Special Leave Petition (C)...CC Nos. 6086-6090 of 2012. Case: K.C. Bajaj and Ors. Vs Union of India (UOI) and Ors.. Supreme Court

Case NumberSpecial Leave Petition (C) Nos. 3358-64, 3367-3368, 6596 and 6597 of 2011 and Special Leave Petition (C)...CC Nos. 6086-6090 of 2012
Party NameK.C. Bajaj and Ors. Vs Union of India (UOI) and Ors.
JudgesG.S. Singhvi and Kurian Joseph, JJ.
IssueGovernment of India (Transaction of Business) Rules, 1961 - Rule 12; Central Civil Services (Revised Pay) Rules, 1997
Judgement DateJuly 02, 2013
CourtSupreme Court

Order:

G.S. Singhvi, J.

  1. Arguments in these cases were heard on various dates in 2012 and 2013 and the judgment was reserved on 7.5.2013.

  2. In compliance of order dated 4.5.2012, the Respondents filed an affidavit of Shri Manoj Kumar, Under Secretary/E(O)II, Railway Board, Ministry of Railways. After considering the affidavit and hearing further arguments, the Court passed order dated 1.11.2012 and directed the learned Additional Solicitor General to produce the file before the Court on the basis of which clarification dated 29.10.1999 was issued.

  3. On 13.12.2012, learned Counsel for the Petitioners handed over xerox copy of the approval accorded by the Prime Minister under Rule 12 of the Government of India (Transaction of Business) Rules, 1961 for withdrawal of the Office Memorandum issued by the Department of Pension and Pensioners' Welfare on 29.10.1999. After perusing the same, the Court asked the learned Additional Solicitor General to ensure production of the file in which the decision of the Prime Minister was recorded.

  4. On 11.4.2013, the Court passed the following Order:

    Further arguments heard, which remained inconclusive.

    The file produced by the learned Additional Solicitor General contains different opinions recorded by the learned Attorney General. In the last opinion recorded in 2007, the learned Attorney General noted that the files produced before him do not contain formal notification for withdrawal of O.M. Dated 29.10.1999.

    However, from the judgment of this Court in Col. B.J. Akkara (Retired) v. Government of India and Ors. (2006) 11 SCC 709 which was decided on 10.10.2006, it is borne out that an affidavit was filed on behalf of the Respondents on 1.8.2006 stating therein that Circular dated 29.10.1999 had been withdrawn in regard to the Civilian Medical Officers who were Petitioners in the writ petition filed by Dr. K.C. Garg and others. It is also borne out from paragraph 23 of the judgment that the Court deciding the matter had been informed that the order passed by the Delhi High Court in C.W.P. Nos. 7322, 7826 and 7878 of 2001 Dr. K.C. Garg and Ors. v. Union of India and Ors. Had not been challenged by the Union of India and the directions contained in the High Court's order had been implemented.

    All this, prima facie, shows that the parties appearing before the Court had not placed the facts in a correct perspective and apparently misleading statement was made in the affidavit filed on behalf of the...

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