Ram Phal Vs. State of
Haryana & Ors [2009] INSC 236 (6 February 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.762 OF 2009 (Arising out
of SLP(C) NO. 16258 of 2004) Ram Phal ........ Appellant Versus The State of
Haryana & Ors. ........Respondents
ORDER
Leave granted in the
special leave petition.
1.
The
facts in nutshell are as follows; the appellant who was working as a constable,
was before the Writ Court, inter alia requesting the court, to direct the
respondents to grant salary for the periods 18.9.2001 to 31.09.2001, 01.02.2002
to 28.02.2002 and 01.07.2002 to upto the date of filing of the petition with
interest at the rate of 18 per cent per annum and further to direct the
respondents to revise the pay of appellant after granting the increments with
effect from 18.09.2001 and for making the payment of arrears after refixation
with 18% interest per annum.
2.
The
Writ Court after entertaining the petition had issued the notices to the
respondents.
3.
After
service of notice, the respondents had filed the statement of objections
resisting the reliefs sought for by the appellant in the writ petition.
4.
The
Writ Court by its impugned order dated 27.2.2004 has rejected the petition. The
order passed by the Court reads as under :
"In view of the
preliminary submissions made by the respondents in the written statement, we
find absolutely no merit in this writ petition".
1.
2.
3.
4.
5.
Questioning
the correctness or otherwise of the aforesaid order passed by the High Court,
the appellant is before us in this appeal.
6.
We
have heard learned counsels for the parties.
7.
Having
gone through the impugned order, in our considered view, we cannot sustain the
same for the reasons, that, in the writ petition filed, the appellant had
raised several issues in support of the relief sought in the writ petition. The
High Court without examining any one of the issues raised and canvassed, by
cryptic and non-reasoned order, has dismissed the writ petition. In our view, this
is not the way a petition filed under Article 226 or 227 of the Constitution of
India is to be disposed of. The duty to give reasons for coming to a decision
is of decisive importance which cannot be lawfully disregarded. The giving of
the satisfactory reasons is required by the ordinary man's sense of justice and
also a healthy discipline for all those who exercise power over others. This
Court in the case of Raj Kishore Jha vs. State of Bihar and Ors. (2003) 11 SCC
519 has stated:
"Reason is the
heartbeat of every conclusion. Without the same, it becomes lifeless".
1.
2.
3.
4.
5.
6.
7.
8.
In
view of above discussion, we have no other alternative but to set aside the
impugned order and remit the matter to the High Court for a fresh consideration
of the writ petition. In the present facts and circumstances of the case, the
parties shall bear their own costs. The appeal is disposed of.
.......................................J.
[ TARUN CHATTERJEE ]
.......................................J.
[ H.L. DATTU ]
New
Delhi,
February
6, 2009.
Back
