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Mere Summary Disposal Of SLP Does Not Conclude The Issue On Merits: SC [Read Judgment]

Ashok Kini
4 May 2019 12:06 PM GMT
Mere Summary Disposal Of SLP Does Not Conclude The Issue On Merits: SC [Read Judgment]
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"It is well settled that mere summary disposal of a Special Leave Petition does not conclude the issue on merits.”

Mere summary disposal of a Special Leave Petition does not conclude the issue on merits, the Supreme Court has observed while setting aside a Jammu and Kashmir High Court judgment. The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra made this observation in response to the contention raised by respondent in an appeal filed against the High Court judgment. The...

Mere summary disposal of a Special Leave Petition does not conclude the issue on merits, the Supreme Court has observed while setting aside a Jammu and Kashmir High Court judgment.

The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra made this observation in response to the contention raised by respondent in an appeal filed against the High Court judgment.

The High Court, in the orders impugned in three appeals (State of J&K vs. Farid Ahmed Tak), had affirmed the single bench order that had set aside compulsory retirement of public servants accused of corruption.

On behalf of the respondents, Advocate Pramod Kumar Sharma contended that various orders have been passed by the Supreme Court dismissing Special Leave Petitions arising from judgment and orders passed by the Division Bench in identical situations.

"It is true that the exercise of power under aforesaid Article 226(2) of the Regulations by the very same Committee did not meet with the approval, and the Division Bench in certain cases did reject the plea of the State Government, and affirmed the orders passed by the Single Judge setting aside the orders of compulsory retirement. It is also true that in those matters Special Leave Petitions were dismissed summarily. However, it is well settled that mere summary disposal of a Special Leave Petition does not conclude the issue on merits."

The bench referred to judgment in Supreme Court Employees' Welfare Association vs. Union of India in which it was observed that, when no reason is given, but a Special Leave Petition is dismissed simpliciter, it cannot be said that there has been a declaration of law by the Supreme Court under Article 141 of the Constitution. In Yogendra Narayan Chowdhury vs Union Of India, it was held that even the dismissal of Special Leave Petition in limine without assigning reasons does not operate as res judicata.

Setting aside the High Court judgment and remanding the matter to the division bench for fresh consideration, the court observed that the basic premise on the basis of which the matter was considered by the Division Bench was incorrect.

Read Judgment



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