9911796707
TMI Blog2008 (1) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... en, as also the fact that the court concerned had really applied its mind. The attempt to draw an analogy on the power of this Court under Article 136 of the Constitution and the practice of rejecting appeals at the SLP stage invariably without assigning reasons with the one to be exercised while dealing with a writ petition has no meaning and is illogical. First of all, the High Court is not the final court in the hierarchy and its orders are amenable to challenge before this Court, unlike the obvious position that there is no scope for any further appeal from the order made declining to grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of confirmation. We see no illegality. The writ petition is dismissed. 3. In support of the appeal, learned Counsel for the appellant submitted that such summary dismissal of writ petition was not warranted as several issues of considerable importance were involved, more particularly whether the norms for fixing seniority in the background facts of the case were to be considered. 4. Learned Counsel for the appellant pointed out that in the seniority list he was placed below juniors which was impermissible. That aspect was not considered by the High Court. 5. Learned Counsel for the respondent-State and its functionaries supported the order of the High Court. 6. As the quoted portion of the order goes to show that practica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The inscrutable face of a sphinx is ordinarily incongruous with a judicial or quasi-judicial performance. 9. This Court in State of Orissa v. Dhaniram Luhar 2004CriLJ1385 has while reiterating the view expressed in the earlier cases for the past two decades emphasised the necessity, duty and obligation of the High Court to record reasons in disposing of such cases. The hallmark of a judgment/order and exercise of judicial power by a judicial forum is to disclose the reasons for its decision and giving of reasons has been alwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the one to be exercised while dealing with a writ petition has no meaning and is illogical. First of all, the High Court is not the final court in the hierarchy and its orders are amenable to challenge before this Court, unlike the obvious position that there is no scope for any further appeal from the order made declining to grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of appeal in favour of any party as such and it is not that any and every error is envisaged to be corrected in exercising powers under Article 136 of the Constitution of India. The powers of this Court under Article 136 of the Constitution are special and extraordinary and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
