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SUBRATA TALUKDAR, LAPITA BANERJI
District Inspector of Schools (SE) Nadia – Appellant
Versus
Buddhiswar Pramanik – Respondent
JUDGMENT :
Lapita Banerji, J.
This intra court appeal was filed under Clause 15 of the Letters Patent, 1865 challenging an Order dated November 16, 2021, passed by an Hon’ble Single Judge of this Court in CPAN No. 2053 of 2013 arising out of an Order dated December 24, 2010 in WPA No. 25988 of 2010.
2. By the ‘Impugned Order’ dated November 16, 2021, the Hon’ble Single Judge refused to recall the Order dated December 24, 2010 for the reasons stated therein. The application for recalling being CAN 1 of 2015 was itself filed 5 years after the date of passing of the Order in 2010. The Hon’ble Single Judge disposed of the contempt application being CPAN No. 2053 of 2013 by directing the District Inspector (DI) of Schools (SE), Nadia/appellant to comply with the directions within 4 weeks from the date of the ‘Impugned Order’.
3. The issue in the writ petitions was regarding the failure on the part of the DI to approve of the appointment of the writ petitioners/non-teaching staff, who worked at the school in issue for long despite the Order dated December 24, 2010. Subsequently, the DI in terms of his communication dated January 28, 2018 approved of the petitioners’ appointment but even then
An order passed by the Civil Court is amenable to scrutiny by the High Court only in exercise of jurisdiction under Article 227 of the Constitution of India, and no letters patent appeal would be mai....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
The main legal point established in the judgment is the distinction between administrative, judicial, and quasi-judicial orders, and the implications of maintainability based on the nature of the ord....
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