IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  434  OF 2012 (@ SPECIAL LEAVE PETITION(C)NO.12331 OF 2011)

UNION OF INDIA & ORS. ... APPELLANTS

VERSUS

M.C. SHARMA ... RESPONDENT

O R D E R

1. Leave granted. 2. This  appeal is  directed against  the judgment  and order  

dated 19.01.2011 passed by the High Court of Delhi at New Delhi in  

Writ Petition No.5607 of 2010.

3. Heard learned counsel for the parties to the lis.

4. The High Court, while granting relief sought for by the  

appellants, has primarily relied on a decision of this Court in the  

case  of  Raghu  Nandan  Lal  Chaudhary  &  Ors. Vs.  Union  of  India,  

decided on 7th April, 1988, reported in (1988) 2 SCC 406.

5. At the time of hearing of this appeal, it is brought to  

our notice by learned counsel appearing for the appellants that the  

decision of this Court in the case of Raghu Nandan Lal Chaudhary  

(supra) has been over-ruled by a larger Bench of this Court in the  

case of  Union of India & Anr. Vs.  Satish Kumar,decided on October  

25, 2005, reported in (2006) 1 SCC 360.

6. In our opinion, had the appellants  brought to the notice  

of the High Court, the decision of the larger Bench of this Court in  

Satish Kumar's case (supra), we do not  think  the  High Court would

: 2 :

have committed a mistake in over-looking the later judgment of a  

larger Bench of this Court.

7. In this view of the matter, we cannot sustain the judgment  

and order passed by the High Court and the same is set aside, since  

the matter is squarely covered by the  decision of this Court in the  

case of Satish Kumar (supra).

Appeal allowed accordingly.  No order as to costs.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; JANUARY 13, 2012