Case Note & Summary
The case involved an appeal by an employee of the Central Bank of India against the dismissal of his Writ Petition by the High Court. The appellant, Shiv Kumar Sharma, was appointed as a Clerk on 12th May, 1981, and was suspended due to a criminal case. Following a departmental enquiry that resulted in a show cause notice proposing discharge from service, the appellant's punishment was confirmed on 9th February, 1998. After exhausting departmental remedies, he filed a Writ Petition on 24th May, 2003, which was dismissed by the High Court on 2nd September, 2004, citing the availability of an alternative remedy. The Supreme Court, upon reviewing the case, acknowledged the High Court's reasoning but found that the significant delay since the appellant's suspension and discharge warranted a different approach. The court emphasized that the availability of an alternative remedy is not an absolute bar to exercising jurisdiction under Article 226 of the Constitution. The court directed the High Court to dispose of the Writ Petition on its merits, thereby setting aside the impugned judgment.
Headnote
A) Constitutional Law - Writ Jurisdiction - Availability of Alternative Remedy - High Court's dismissal of Writ Petition based on alternative remedy was not justified due to significant delay in disciplinary proceedings - Constitution of India, Article 226 - The court held that the long lapse of time since the appellant's suspension and discharge warranted consideration of the Writ Petition on merits rather than forcing the appellant into further litigation under the Industrial Disputes Act, 1947. Held that the High Court should dispose of the Writ Petition on merits (Paras 1-3).
Issue of Consideration
Whether the High Court erred in dismissing the Writ Petition on the ground of availability of alternative remedy.
Final Decision
The Supreme Court allowed the appeal and remanded the matter to the High Court for decision of the Writ Petition on merits, setting aside the impugned order.
Law Points
- Writ jurisdiction
- alternative remedy
- departmental enquiry
- delay in proceedings
