Civil Misc. No. 1147 of 2010 & LPA No. 414 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 1147 of 2010 & LPA No. 414 of 2010 Date of decision:- 22.09.2010 Union of India through its Secretary to Govt. of India, Ministry of Defence, New Delhi and others. ......Appellants Vs No. 3165842 Ex. Naik Krishan Kumar. ......Respondent CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: - Ms. Geeta Singhwal, Advocate, for the appellants. Mr. Surinder Sheoran, Advocate, for the respondent. * * * * RANJAN GOGOI, J (ORAL) Civil Misc. No. 1147 of 2010 Heard. Delay of 110 days in filing the Letters Patent Appeal is condoned on the grounds shown. LPA No. 414 of 2010 Heard. Learned Counsel for the appellant has urged that the order dated 12.02.2008 passed in Civil Writ Petition No. 67 of 2007 on the basis of which Civil Writ Petition No. 16368 of 2009 was disposed of Civil Misc. No. 1147 of 2010 & LPA No. 414 of 2010 2 is not applicable to the facts of the present case and the said decision was wrongly relied upon by the learned Single Judge in disposing of the writ petition. A reading of the order dated 27.10.2009 passed by the learned Single Judge goes to show that the learned Single Judge proceeded on the basis that the order passed in Civil Writ Petition No. 67 of 2007 applied to the present case. No independent findings in the present case have been recorded. In such a situation, we are of the view that instead of entertaining this Letters Patent Appeal, it would be just and proper to grant liberty to the appellants to seek review of the order dated 27.10.2009 passed in Civil Writ Petition No. 16368 of 2009. Letters Patent Appeal is disposed of in the above referred terms. (RANJAN GOGOI) JUDGE (RAJAN GUPTA) 22.09.2010 JUDGE Amodh