9911796707
TMI Blog1986 (5) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... 26 of the Constitution challenging an order of the Additional Inspector General of Police, Bombay dated January 4, 1985 for his reversion from the post of Offg. Police Inspector to that of Sub-Inspector of Police as being violative of Art. 311(2) of the Constitution. By the impugned order, the High Court has dismissed the Writ Petition in limine just by the use of a laconic word 'rejected'. The Facts. The petitioner was promoted as Offg. Police Inspector on May 22, 1983, on the recommendation of the Selection Board upon reviewing his case. While he was posted as Police Inspector at Ramtak in 1982, he successfully handled the difficult situation arising at Kanhan Coal Mines where there was a quarrel between two unions, name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... municated to the petitioner in December 1984. The petitioner was given two months' time to make his representation against the adverse entries i.e. time till February 1985. The petitioner contends that the adverse remarks in his Annual Confidential Reports for the years 1982 and 1983 were wholly baseless and he accordingly within time prescribed, made a detailed representation pointing out that his reversion on the ground of the Annual Confidential Reports was wholly unjustified. He also annexed with the representation all the documents which he filed along with the Writ Petition, showing that the remarks in his Annual Confidential Reports that he was unfit for service were uncalled for and prayed that the order of r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised in the Writ Petitions. It was not right on the part of the High Court to have declined to entertain and decide the question as to whether the impugned order of reversion was liable to be struck down as offending against Art. 311(2) of the Constitution. The Writ Petition did raise an arguable question and it deserved hearing upon merits. In a hierarchical system of Courts which exists in our country, all courts and tribunals including the High Court exercising judicial and quasi-judicial functions owe it a duty to pass reasoned orders. As it is, there is a growing tendency to file indiscriminate petitions under Art. 136 of the Constitution and this Court is finding it extremely difficult to tackle with the backlog of cases b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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