Back
M.P. THAKKAR AND S. NATARAJAN, JJ.
Civil Appeal No. 3499 of 1986,
D/- 16-9-1986.
Radheshyam Dube, Appellant
Versus
The District Inspector of Schools and others, Respondents.
High Court has committed a serious error in dismissing writ petition instituted by Appellant, though real contesting party, Respondent No. 2, had not even controverted averments and allegations made in Writ Petition, and not even appeared to resist petition - Real dispute was between appellant on one hand and Respondent No. 2 on other and even so Respondent No. 2 did not care to file an affidavit and even did not care to resist petition - It is difficult to comprehend how High Court could have dismissed Writ Petition of appellant in these circumstances - As notice was issued on Special Leave Petition Respondent No. 2 appeared through its counsel and stated that under certain circumstances it could not appear before High Court and could not file an affidavit and resist writ petition – Held, Court think, for ends of justice, Respondent No. 2 should be permitted to file an affidavit and to resist petition if so desired, though as matter stands Appellant would be entitled to succeed in view of fact that there is no affidavit in reply by Respondent No. 2 in High Court - Accordingly, court set aside order of High Court and remit matter back to High Court with a direction to permit Respondent No. 2 to file its affidavit in reply and permit appellant to file his counter in context of said affidavit, if so desired - So also Respondent No. 4 may also be permitted to file further affidavit, if so desired - Thereafter High Court will proceed to hear Writ Petition in accordance with law, with expedition - Appellant will be entitled to payment of salary as he was being paid during pendency of Writ Petition in High Court as per our interim order - And interim order granted by High Court during pendency of Writ Petition in the High Court will hold field till disposal of Writ Petition by High Court – Appeal Disposed Of.
ORDER:- Special leave granted. Heard counsel for the parties.
2. The High Court has committed a serious error in dismissing the writ petition instituted by the Appellant, though the real contesting party, Respondent No. 2, had not even controverted the averments and allegations made in the Writ Petition, and not even appeared to resist the petition. The real dispute was between the appellant on the one hand and Respondent No. 2 on the other and even so Respondent No. 2 did not care to file an affidavit and even did not care to resist the petition. It is difficult to comprehend how the High Court could have dismissed the Writ Petition of the appellant in these circumstances. As notice was issued on the Special Leave Petition Respondent No. 2 appeared through its counsel and stated that under certain circumstances it could not appear before the High Court and could not file an affidavit and resist the writ petition. We think, for the ends of justice, Respondent No. 2 should be permitted to file an affidavit and to resist the petition if so desired, though as the matter stands the Appellant would be entitled to succeed in view of the fact that there is no affidavit in reply by Respondent No. 2 in the High Court. Accordingly, we set aside the order of the High Court and remit the matter back to the High Court with a direction to permit Respondent No. 2 to file its affidavit in reply and permit the appellant to file his counter in the context of the said affidavit, if so desired. So also Respondent No. 4 may also be permitted to file further affidavit, if so desired. Thereafter the High Court will proceed to hear the Writ Petition in accordance with law, with expedition. The appellant will be entitled to payment of salary as he was being paid during the pendency of the Writ Petition in the High Court as per our interim order. And the interim order granted by the High Court during the pendency of the Writ Petition in the High Court will hold the field till the disposal of the Writ Petition by the High Court.
3. The appeal is disposed of accordingly. There will be no order as to costs.
Order accordingly.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
