LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

  • The Hon’ble SC in a case titled State of Orissa vs. Prasanta Kumar Swain has held that the HC cannot dispose of a writ petition without appreciating the grounds on which the case has been challenged as it is the Court's primary duty to ascertain whether the decision of the Tribunal is sustainable on facts and law.
  • The Orissa HC had originally dismissed the petition which challenged the Orissa Administrative Tribunal’s order by stating that taking into account that the opposite party has been working for three decades, it would not be wise for them to disturb the findings of the tribunal. Hence they dismissed the writ petition. The Court also said that this order should not be treated as precedent.
  • The Supreme Court, while setting aside the Court’s order and remitting the case back for a fresh decision, the bench of Justices DY Chandrachud and AS Bopanna said that there has been no application of mind by the HC to the grounds of challenge or to the submissions.
  • The Apex Court also said that this was an inappropriate way to dismiss a substantive writ petition under Article 226 as the HC is duty-bound to apply its mind to whether the judgement of the tribunal is sustainable on facts and on law.
  • The Apex Court also requested the HC to dispose of the case within a period of three months, as the case had been going on since 2008.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  84  Report



Comments
img
Post a Suggestion for LCI Team
Post a Legal Query