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1957 Supreme(SC) 103

S. R. DASS, SYED JAFAR IMAM, T. L. VENKATARAMA AYYAR, VIVIAN BOSE, A. K. SARKAR
State Of U. P. – Appellant
Versus
Mohammad Nooh – Respondent


Advocates:
C.P.LAL, G.C.MATHUR, S.D.SEKHRI, S.P.SINHA

Judgement Key Points

Key Points: - The judgment discusses whether the Superior Court may issue certiorari to quash departmental orders even when an adequate statutory remedy (appeal/revision) exists. (!) (!) (!) - It addresses whether Article 226 can be applied to quash orders passed before the Constitution came into force, depending on whether finality occurred after the Constitution's commencement. (!) (!) (!) - It clarifies that certiorari is not limited to cases without any alternative remedy, and that suppression of natural justice in departmental trials can justify Extraordinary relief. (!) (!) (!) - It discusses whether orders in departmental proceedings merge and the effect on rights and remedies, including finality and retroactivity concerns. (!) (!) - It emphasizes that the presiding officer in departmental trials must maintain impartiality and that personal involvement in evidence by a presiding officer can render proceedings void. (!) (!) (!) (!) - It asserts that upon proper circumstances, the High Court may exercise writ jurisdiction to correct gross injustices even where there are other remedies, based on principles of natural justice. (!) (!)

What is the scope of the High Court's power to issue writs under Article 226 of the Constitution in the context of departmental inquiries and prior remedies?

What are the conditions under which a writ of certiorari may be issued to correct errors in inferior departmental tribunals despite available appeals or revisions?

What governs the retroactive or prospective operation of Article 226 in cases where the underlying orders were issued before the Constitution came into force?


Judgment

S. R. DAS, CJI. (with him, T. L. Venkatarama Aiyer, Syed Jafar Imam and A. K. Sarkar JJ.) ) - This is an appeal filed under a certificate of fitness granted by the High Court of Judicature at Allahabad under Arts. 132 (1) and 133(1) (c) of the Constitution. It is directed against the judgment and order of a Division Bench of the said High Court pronounced on March 10, 1952, in Civil Misc. Writ no. 7376 of 1951 quashing the departmental proceedings against the respondent and the orders passed therein, namely the order for his dismissal passed by the District Superintendent of Police on December 21, 1948, the order of the Deputy Inspector General of Police passed on June 7, 1949 dismissing his appeal against the order of his dismissal and the order of the Inspector General of Police dated April 22, 1950 rejecting his application for revision. The judgment of the High Court also directed that, if it were desired to proceed against the respondent, the trial should be presided over by a person other than the District Superintendent of Police who gave evidence in the case and also passed the order of dismissal against the respondent and that it should be in strict conformity with















































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