Tanya Gupta
Published on: March 6, 2022, at 17:38 IST
The Supreme Court observed that when deciding Writ Appeals, an Independent Application of Mind is required, and the Appellate Court must provide Some Reasoning.
The Writ Petition filed to seek the regular payment of salary was allowed by the Single Division Bench of Allahabad High Court.
The High Court ordered the District Inspector of Schools in Raebareli to make sure that the Petitioner’s salary is paid on time every month and to pay any arrears.
The Division Bench of the Allahabad High Court comprising of Justices BV Nagarathna and MR Shah, while dismissing the Writ Appeal, reproduced paragraphs 7 to 15 of its judgment and observed,
“On due consideration, we are of the view that the learned Writ Court has not committed any legal error while passing the Impugned Order. The Special Appeal lacks merit and is, accordingly, Dismissed.”
The State then appeals this Judgement to the Supreme Court.
“This is not the manner in which the Division Bench should have decided and disposed of the Writ Appeal. Thus, the Division Bench of the High Court has not exercised the Appellate Jurisdiction vested in it. There must be an Independent Application of Mind and at least Some Independent Reasoning to be given by the Appellate Court while deciding and Disposing of the Writ Appeal”, observed by the Bench.
As a result, the case is remanded to the High Court for a new hearing on the Writ Appeal.
What are the different types of Writs?