Case Note & Summary
The appellants, Janajagriti Shikshan Prasarak Mandal and Ghamabai Junior College, filed a Letters Patent Appeal against an order dated 06.07.2009 passed by a learned Single Judge of the Bombay High Court in Writ Petition No. 830/2009. The writ petition had challenged the judgment and order dated 07.11.2008 of the Presiding Officer, School Tribunal (Nagpur), Chandrapur, in Appeal No. STC 18/1999, which directed reinstatement of respondent no.1 (Bandu Marotrao Satpute) with full back wages and consequential benefits. The learned Single Judge admitted the writ petition only on the question of payment of back wages, thereby dismissing the challenge to reinstatement without recording any reasons. The appellants contended that the Single Judge also failed to consider their prayer for interim relief regarding back wages. The respondents did not dispute this position. The Division Bench held that the order dated 06.07.2009 was unsustainable as it lacked reasons for dismissing the challenge to reinstatement and rejecting interim relief. Consequently, the Letters Patent Appeal was allowed, the impugned order was quashed and set aside, and the parties were given liberty to move the matter before the learned Single Judge for fresh consideration.
Headnote
A) Civil Procedure - Letters Patent Appeal - Non-speaking Order - Order dated 06.07.2009 passed by learned Single Judge dismissing writ petition challenging reinstatement and rejecting interim relief without recording any reasons is unsustainable and liable to be quashed and set aside. Held that reasons are the soul of the order and their absence vitiates the order. (Paras 2-3)
Issue of Consideration
Whether the order of the learned Single Judge dated 06.07.2009 dismissing the writ petition challenging reinstatement and rejecting interim relief without recording reasons is sustainable in law.
Final Decision
Letters Patent Appeal allowed. Order dated 06.07.2009 passed in Writ Petition No. 830/2009 is quashed and set aside. Parties at liberty to move the matter before the learned Single Judge.
Law Points
- Judicial order must record reasons
- Order without reasons is unsustainable
- Letters Patent Appeal lies against non-speaking order
Case Details
2010 LawText (BOM) (01) 317
Letters Patent Appeal No. 499/2009 in Writ Petition No. 830/2009
A. H. Joshi, R. K. Deshpande
Mr. A. A. Naik for appellants, Mr. P. N. Shende for respondent no.1, Mr. O. D. Kakde for respondent no.2, Mr. H. A. Deshpande for respondent no.3
Janajagriti Shikshan Prasarak Mandal and Ghamabai Junior College
Shri Bandu Marotrao Satpute, Dy. Director of Education, and Shri L. N. Rathod
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Letters Patent Appeal against order of learned Single Judge dismissing writ petition challenging reinstatement and rejecting interim relief without recording reasons.
Remedy Sought
Appellants sought quashing of order dated 06.07.2009 passed by learned Single Judge in Writ Petition No. 830/2009.
Filing Reason
The learned Single Judge dismissed the challenge to reinstatement and rejected interim relief without recording any reasons.
Previous Decisions
School Tribunal directed reinstatement with back wages; Single Judge admitted writ petition only on back wages question, dismissing challenge to reinstatement without reasons.
Issues
Whether the order of the learned Single Judge dated 06.07.2009 dismissing the writ petition challenging reinstatement and rejecting interim relief without recording reasons is sustainable in law.
Submissions/Arguments
Appellants submitted that the Single Judge did not record reasons for dismissing the challenge to reinstatement and rejecting interim relief. Respondents did not dispute this position.
Ratio Decidendi
An order dismissing a petition challenging reinstatement and rejecting interim relief must record reasons; absence of reasons renders the order unsustainable.
Judgment Excerpts
In view of above, order dated 06.07.2009 needs to be quashed and set aside on the sole ground that no reasons are recorded to dismiss the petition challenging reinstatement and rejecting interim relief.
Procedural History
School Tribunal (Nagpur) passed order dated 07.11.2008 in Appeal No. STC 18/1999 directing reinstatement with back wages. Appellants filed Writ Petition No. 830/2009 challenging that order. Learned Single Judge on 06.07.2009 admitted the petition only on the question of back wages, thereby dismissing challenge to reinstatement without reasons. Appellants filed Letters Patent Appeal No. 499/2009 against that order.
