Union of India v. Roop Kaur, (SC) BS194835
SUPREME COURT OF INDIA

Before:-M. Jagannadha Rao and K.G. Balakrishnan, JJ.

Civil Appeal No.... of 2000 (Arising out of SLP (Civil) No. 4969 of 1999). D/d. 16.10.2000.

Union of India and Anr. - Appellants

Versus

Roop Kaur (Dead) By Lrs. and Ors. - Respondents

Remand Order - Findings given by High Court questioned

ORDER

Delay condoned.

2. Leave granted.

3. In this appeal by the Union of India the various findings given by the High Court in the judgment dated 20.2.1998 in its remand order, are questioned. The learned Senior Counsel appearing for the respondents Mr. A.B. Rohtagi, however, submits that all these findings can be set at large and the remand order may therefore be affirmed in that light. In view of that concession, the findings given by the High Court in favour of the respondents are set aside and are left open without expressing anything on the merits of the said findings and the matter is remitted to the Competent Authority for fresh decision in accordance with law. It will be open to the Competent Authority to decide all the questions uninhibited by findings of the High Court or anything said in the order of this Court.

4. The appeal is disposed of accordingly. However, there shall be no order as to costs.

Appeal Disposed Of.