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Article 226 - High Court Should Apply Its Mind To Grounds Of Challenge While Disposing Writ Petition : Supreme Court

Shruti Kakkar
13 Jan 2022 11:31 AM GMT
Article 226 - High Court Should Apply Its Mind To Grounds Of Challenge While Disposing Writ Petition : Supreme Court
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While considering a SLP assailing Orissa High Court's order, the Supreme Court recently deprecated the High Court's action of disposing a writ petition without applying its mind to the grounds or challenge of submission.The Orissa High Court had dismissed the petition challenging the Orissa Administrative Tribunal's order by passing the following order, "Heard learned counsel for the parties....

While considering a SLP assailing Orissa High Court's order, the Supreme Court recently deprecated the High Court's action of disposing a writ petition without applying its mind to the grounds or challenge of submission.

The Orissa High Court had dismissed the petition challenging the Orissa Administrative Tribunal's order by passing the following order,

"Heard learned counsel for the parties. By way of this writ petition, the petitioners have challenged the judgment and order dated 14.11.2012 passed by the Orissa Administrative Tribunal, Bhubaneswar in OA No. 163 of2008. Taking into consideration the opposite party is working for a period of three decades, it will not be appropriate for us to disturb the findings of the Tribunal.Accordingly, the writ petition stands dismissed. However, this will not be treated as precedent."

While setting aside the High Court's judgement and remitting the proceedings back for a fresh decision, the bench in State of Orissa & Ors v. Prasanta Kumar Swain, the bench of Justices DY Chandrachud and AS Bopanna observed,

"Ex facie, there has been no application of mind by the High Court to the grounds of challenge or to the submissions. In fact, the concluding line of the order of the High Court indicates that the decision will not be treated as a precedent. This was an inappropriate manner of disposing of a substantive petition under Article 226 of the Constitution since the High Court is duty bound to apply its mind to whether the judgment of the Tribunal is sustainable on facts and law."

Considering that the proceedings before the Tribunal were instituted in 2008, the Top Court also requested the High Court for expeditiously disposing the case within a period of three months from the receipt of a copy of the order.

Case Title: State of Orissa & Ors v. Prasanta Kumar Swain| Civil Appeal No 154 of 2022

Coram: Justices DY Chandrachud and AS Bopanna

Citation : 2022 LiveLaw (SC) 51

Click Here To Read/Download Order




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