ORDER 1. This civil appeal is placed before a Constitution Bench by reason of f the order dated 13-11-1992 made by a Bench of two learned Judges. The order reads thus: "After hearing the parties for some time and having considered the decision of the three learned Judges of this Court in Acharya Jagdishwaranand Avadhuta v. Commr. of Police, Calcutta2 we are of the view that this is a matter which requires consideration by a Constitution 9 Bench of this Court. Hence, we request the learned Chief Justice to constitute the Bench as early as possible for hearing of the matter." 2. As will be evident from the order, the Bench does not say that it finds it difficult to follow the judgment of the Bench of three learned Judges of this Court mentioned therein, nor does it set out any substantial question of law which requires the decision of a Constitution Bench. It merely says that a having considered that decision, the matter should be heard by a Constitution Bench. 3. We asked learned counsel on the last occasion and they, on instructions, inform us today that neither side had requested the reference to the Constitution Bench nor had they disputed the correctness of the aforesaid judgment. 4. It seems to us, in these circumstances, that there is no justification for the heating of this civil appeal by a Constitution Bench and it must be placed before a Bench of two learned Judges for final disposal. 5. The civil appeal shall now be placed before a Bench of two learned Judges for disposal in the month of January 2002.