Explore the essence of judicial scrutiny and legal assessment in a recent case where the court’s analysis led to a remand for a fresh decision. The focus is on the court’s meticulous examination of procedural grounds, emphasizing the significance of legal reasoning in judicial determinations. Stay tuned for more insights into the intricate workings of the legal system.
Facts
- The State of Uttarakhand filed a writ petition before the High Court regarding the promotion of the original applicant to the post of Chief Engineer Level-2.
- The High Court, in its impugned order, did not decide on the merits of the case or the validity of the Tribunal’s decision.
- The High Court directed the State to comply with the Tribunal’s order even though a review ACP had not been constituted.
- No discussion was made by the High Court on the merits of the Tribunal’s order that was being challenged.
- The State, feeling aggrieved by the High Court’s decision, has now filed an appeal.
- The petitioner has challenged the order of the Uttarakhand Public Service Tribunal directing to ignore un-communicated ‘Uttam’ entries in ACRs for the promotion of the private respondent.
- The direction was given in the Claim Petition No 104/DB/2009 for promotion to the post of Chief Engineer level-2 by the reviewed ACP.
- The issue revolves around disregarding un-communicated ‘Uttam’ entries in ACRs for the promotion process.
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Analysis
- The High Court failed to exercise its jurisdiction under Article 226/227 of the Constitution of India.
- The High Court disposed of the writ petition without deciding it on merits.
- None of the grounds raised in the writ petition were considered on merits by the High Court.
- The order passed by the Tribunal was challenged on multiple grounds, which the High Court did not address.
- The Division Bench disposed of the writ petition in a cavalier and cursory manner.
- The High Court should have independently considered the legality and validity of the Tribunal’s order.
- The High Court directed the Department to comply with the Tribunal’s order without discussing the merits of the case.
- The High Court should have given relief in appropriate cases, which it failed to do in this instance.
- The High Court was required to decide the legality and correctness of the Tribunal’s order under challenge.
- Reasoned order necessary in every case
- Order must contain narration of bare facts, issues, submissions, legal principles, and reasons for findings
- Order bereft of reasoning causes prejudice to parties
- Reasons constitute the soul of judicial decision
- Quality of justice brings legitimacy to the judiciary
- Intrinsic content and quality judgment more important than statistics of disposal of cases
- Courts need to independently consider issues in exercising powers under Article 226
- The order passed by the High Court has compelled the remand of the case for deciding the writ petition afresh on merits.
- The Supreme Court refrained from making any observation on the merits of the controversy
- The decision to remand the case to the High Court was based on procedural grounds and not on the merits of the case
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Decision
- The matter is remanded to the High Court for a decision on the writ petition.
- The High Court should consider the observations and decide the case according to the law.
- The present appeal is allowed, the impugned order of the High Court is set aside, and the matter is remanded to the Division Bench of the High Court for a fresh decision.
- The High Court must follow the directions given in this judgement.
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Case Title: THE STATE OF UTTARAKHAND Vs. MAYAN PAL SINGH VERMA (2022 INSC 444)
Case Number: C.A. No.-002905-002905 / 2022
