Legal Appeal Reinstated: Technical Dismissal Overturned, Substantive Review Mandated Under Procedural Fairness Principles

HC found respondent No.3's dismissal of petitioner's appeal without merit review was unjustified. The court determined that technical grounds for dismissal were inappropriate, particularly when the impugned order was digitally available. HC directed respondent No.3 to reconsider the appeal on its substantive merits and scheduled subsequent hearing, disposing the writ petition without costs.

---

---

Issues involved: Whether respondent No.3 was justified in passing the impugned order dismissing petitioner's appeal without considering the merits of the case.

Summary:

Issue 1: Justification of passing the impugned order
The singular point in this case was whether respondent No.3 was justified in dismissing the petitioner's appeal without delving into the merits. The petitioner contended that the appeal was filed on 24.07.2021 and was admitted on the same day. The counsel argued that the appeal, once admitted, should have been decided on its merits and not dismissed due to a technicality regarding the filing of a certified copy of the impugned order. Reference was made to judgments from various High Courts supporting this view. The petitioner also highlighted that in the digital age, physical copies may not always be necessary, especially when the impugned order was already uploaded. The respondent opposed the prayer and supported the impugned order.

Issue 2: Dismissal based on technical grounds
Upon perusal of the documents, the Court found merit in the petitioner's argument that since the impugned order was uploaded before the appeal was dismissed for lack of a physical certified copy, the dismissal on this ground was not justified. Citing precedents, the Court held that the dismissal was not appropriate and ordered respondent No.3 to decide the appeal on its merits. The Court directed the parties to appear for the next hearing without the need for separate notices and instructed respondent No.3 to consider and decide the appeal in accordance with the law.

In conclusion, the Writ Petition was disposed of without costs, and any pending interlocutory applications were also closed.

---