There Must Be Independent Application Of Mind & Some Reasoning While Deciding Writ Appeal: Supreme Court

The Supreme Court observed that there must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal.In this case, the Single bench of the Allahabad High Court allowed a writ petition and directed the District Inspector of Schools, Raebareli to ensure the regular payment of salary to the writ petitioner for the post of Assistant teacher (sahitya) regularly every month and also pay the arrears of salary to the writ petitioner for the said post. In its judgment dismissing the writ appeal, the Division bench of the Allahabad High Court, reproduced paras 7 to 15 from the judgment of the Single Judge and observed thus: "On due consideration, we are of the view that the learned Writ Court has not committed any legal error while passing the impugned order. The Special Appeal lacks merit and is, accordingly, dismissed."The state challenged this judgment before the Apex Court."This is not the manner in which the Division Bench should have decided and disposed of the writ appeal. Thus, the Division Bench of the High Court has not exercised the appellate jurisdiction vested in it. There must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal", the bench comprising Justices MR Shah and BV Nagarathna observed.The court therefore remanded the matter to the High Court to decide the writ appeal afresh.HeadnotesConstitution of India, 1950 ; Article 226 - Writ Appeal - There must be an independent application of mind and at least some independent reasoning to be given by the appellate Court while deciding and disposing of the writ appeal. (Para 6)Summary - Appeal against High Court judgment which dismissed special (writ) appeal without independent reasoning - Allowed - This is not the manner in which the Division Bench should have decided and disposed of the writ appeal. Thus, the Division Bench of the High Court has not exercised the appellate jurisdiction vested in it - Remanded for fresh consideration.Case: State of Uttar Pradesh vs. Prem Kumar Shukla | CA 1690 OF 2022 | 28 Feb 2022Citation: 2022 LiveLaw (SC) 249Coram: Justices MR Shah and BV NagarathnaCounsel: Sr. Adv V.K. Shukla for appellant, Sr. Adv Pradeep Kant for respondentClick here to Read/Download Order

There Must Be Independent Application Of Mind & Some Reasoning While Deciding Writ Appeal: Supreme Court

LIVELAW NEWS NETWORK

Tags