( 1 ) DESPITE service, none appears on behalf of the respondents. ( 2 ) IA No. 2 for substitution is allowed. ( 3 ) DELAY condoned. ( 4 ) SPECIAL leave granted. ( 5 ) IN view of a three-Judge Bench decision of this Court in Union of india v. Ram Phool dated 28-11-2002, this appeal is allowed and the judgment under challenge is set aside. There shall be no order as to costs.