Case Note & Summary
The case involved an appeal by Farrukhabad Gramin Bank against a judgment of the Allahabad High Court which directed the Bank to promote Ashok Saxena and others to the post of Field Supervisor. The High Court's order was issued on 19.12.2002, following a writ petition filed by the respondents. The Bank challenged this order by filing a special leave petition in the Supreme Court. During the hearing, the respondents raised a preliminary objection regarding the appropriateness of the Bank's direct approach to the Supreme Court instead of filing a special appeal before the High Court's Division Bench. The Supreme Court found merit in this objection and permitted the Bank to file a special appeal. The Court also directed that the time taken in the current proceedings would be excluded when considering the timeline for the appeal. Additionally, the Supreme Court addressed another appeal concerning a subsequent order from the High Court dated 24.11.2005, which had become infructuous due to the remittal order. The Court requested the Division Bench to dispose of the special appeal on merits expeditiously, while staying contempt proceedings until the appeal's resolution. The appeals were disposed of without costs.
Headnote
A) Administrative Law - Special Leave Petition - Direct Filing - Court held that the Bank should have preferred a special appeal before the Division Bench of the High Court instead of filing a special leave petition directly in the Supreme Court. The preliminary objection raised by the respondents was found to have merit, leading to the direction for the Bank to approach the Division Bench for a special appeal against the order dated 19.12.2002 (Paras 4-5).
Issue of Consideration
Whether the Bank could directly file a special leave petition instead of a special appeal before the Division Bench of the High Court.
Final Decision
The Supreme Court permitted the Bank to file a special appeal before the Division Bench of the High Court against the order dated 19.12.2002, and directed that the time taken in the current proceedings be excluded. The Court also stayed contempt proceedings until the appeal's resolution and requested the Division Bench to dispose of the appeal within three months.
Law Points
- Special Leave Petition
- Writ Petition
- Promotion
- Division Bench
- Interim Order
