State of Orissa vs Prasanta Kumar Swain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1300

D. Y. CHANDRACHUD, A. S. BOPANNA
State of Orissa – Appellant
Versus
Prasanta Kumar Swain – Respondent

Advocates appeared:
Mr. Shibashish Misra, Advocate, For the Appellant / Mr. Sahil Tagotra, Advocate, Ms. Snigdha Dash, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. While considering a challenge by the State of Orissa to the judgment and order dated 14 November 2012 of the Orissa Administrative Tribunal [1] in OA No 163 of 2008, the High Court, by its order dated 14 February 2019, dismissed the petition with the following order:

"Heard learned counsel for the parties.

By way of this writ petition, the petitioners have challenged the judgment and order dated 14.11.2012 passed by the Orissa Administrative Tribunal, Bhubaneswar in OA No. 163 of 2008.

Taking into consideration the opposite party is working for a period of three decades, it will not be appropriate for us to disturb the findings of the Tribunal.

Accordingly, the writ petition stands dismissed. However, this will not be treated as precedent."

[1] "Tribunal"

3. Ex facie, there has been no application of mind by the High Court to the grounds of challenge or to the submissions. In fact, the concluding line of the order of the High Court indicates that the decision will not be treated as a precedent. This was an inappropriate manner of disposing of a substantive petition under Article 226 of the Constitution since the High Court is duty bound to apply its mind to wheth

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