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2004 Supreme(SC) 1010

SUPREME COURT OF INDIA
RUMA PAL, ARUN KUMAR, JJ.
HEM KANT JHA - APPELLANT
VERSUS
STATE OF BIHAR AND OTHERS - RESPONDENTS
CIVIL APPEALS NO. 5845 OF 2004 T WITH NOS. 5846-59 OF 2004,
DECIDED ON SEPTEMBER 3, 2004

Headnote:Letters Patent-Clause 10-Appeal to the High Court from Judges of the Court-Whether the Judge who hears and decides a matter sitting singly can participate in the L.PA.-Order of termination challenged by writ petitions-Decision of the learned Single Judge challenged in appeal-The learned Single Judge who decided the writ petitions was also a party in the appeal-Not proper - decision of the division bench set aside - Matter remanded back to High Court for being heard by a Bench of Judges who had not dealt with the writ petitions-Appeals disposed of. (Para 2)

ORDER

1. LEAVE GRANTED.

2. THESE SPECIAL LEAVE PETITIONS HAVE BEEN FILED BY PERSONS WHO HAD BEEN EMPLOYED IN THE POLICE DEPARTMENT IN THE STATE OF BIHAR AS CONSTABLES. THEIR SERVICES WERE TERMINATED BY A SERIES OF ORDERS. THESE ORDERS OF TERMINATION WERE CHALLENGED BY SEVERAL WRIT PETITIONS. SOME OF THE WRIT PETITIONS WERE HEARD AND DISPOSED OF BY A LEARNED JUDGE WHO IS ALSO A PARTY TO THE DECISION ON THE APPEAL PREFERRED BY THE APPELLANTS FROM HIS DECISION. THIS IS ENTIRELY UNACCEPTABLE. IT GOES WITHOUT SAYING THAT A JUDGE WHO HEARS AND DECIDES A MATTER WHILE SITTING SINGLY SHOULD NOT PARTICIPATE IN ANY MANNER WHATSOEVER IN THE APPEAL FROM HIS ORDER. THE DECISION OF THE DIVISION BENCH IS SET ASIDE ON THIS GROUND ALONE AND THE MATTER IS REMANDED BACK TO THE HIGH COURT FOR BEING HEARD AND DISPOSED OF BY A BENCH OF JUDGES WHO HAD NOT DEALT WITH THESE WRIT PETITIONS SITTING SINGLY. THE HIGH COURT IS REQUESTED TO DISPOSE OF THE APPEALS AS EXPEDITIOUSLY AS IS CONVENIENTLY POSSIBLE.

3. THE APPEALS ARE DISPOSED OF ACCORDINGLY.

4. THE IAS ARE TREATED AS INFRUCTUOUS AND NO ORDERS ARE PASSED THEREON.

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