(i) When they consider that the decision which they propose to take in the proceeding involves a substantial departure from the previous decision of the Tribunal; or
(ii) When the case involves a point of law of general importance; or
(iii) When conflicting decisions of the Tribunal are brought to their notice; or
(iv) When they differ in opinion on any point material for the decision of the case.
While making the recommendation for constitution of Full Bench, the Members shall formulate the specific points for determination by the Full Bench.”
In the above circumstances, without expressing any opinion on the merits of
the case and keeping contentions on both sides expressly open, we direct the
S.T.A.No.2601/2004 to be placed before the Chairman, who is requested to constitute
a special Bench in view of the conflicting opinions of the coordinate Benches of the
Tribunal in terms of Regulation 54(a)(i).
Before concluding, we request the Tribunal to dispose
...3/-
CA...@ SLP(C) 10123/08...contd..
of the matter as expeditiously as possible. We make it clear that the departmental
enquiry ordered to be held by the High Court is not being interfered with despite our
present order of setting aside the impugned judgment of the High Court.
Civil Appeal stands allowed accordingly, with no order as to costs.
Consequently, the impugned judgment of the High Court is set aside.
New Delhi, November 28, 2008.
Petition(s) for Special Leave to Appeal (Civil) No(s).10123/2008
(From the judgement and order dated 11/10/2007 in STRP No.22/2006 of the HIGH COURT OF KARNATAKA AT BANGALORE)
M/S CONTINENTAL BUILDERS & DEV.THR.PROP. Petitioner(s)
VERSUS
STATE OF KARNATAKA THR.C.C.T. Respondent(s)
(With prayer for interim relief)
Date: 28/11/2008 This Petition was called on for hearing today.
CORAM :
For Petitioner(s) Mr. Soli J. Sorabjee, Sr.Adv.
Mr. Ashok Kumar Sharma,Adv.
Mr. Avinash Kumar Jain, Adv.
Mr. Sanjay Misra, Adv.
For Respondent(s) Ms. Anitha Shenoy,Adv.
UPON hearing counsel the Court made the following O R D E R
Leave granted.
Civil Appeal stands allowed with no order as to costs in terms of the
signed order.
(Signed order is placed on file)