2008 (1) TMI 979

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.... 2. It is not necessary to go into the factual aspects in detail as the writ petition was disposed of in a summary manner observing as follows: This is a writ petition challenging the final seniority list. We have heard counsel for the parties. The seniority has been given from the date of confirmation. We see no illegality. The writ petition is dismissed. 3. In support of the appeal, learned Counsel for the appellant submitted that such summary dismissal of writ petition was not warranted as several issues of considerable importance were involved, more particularly whether the norms for fixing seniority in the background facts of the case were to be considered. 4. Learned Counsel for the appellant pointed out that in the seniority l....

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....ir appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial performance. 9. This Court in State of Orissa v. Dhaniram Luhar 2004CriLJ1385 has while reiterating the view expressed in the earlier cases for the past two decades em....

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....ally applied its mind. 10. The attempt to draw an analogy on the power of this Court under Article 136 of the Constitution of India, 1950 (in short the 'Constitution') and the practice of rejecting appeals at the SLP stage invariably without assigning reasons with the one to be exercised while dealing with a writ petition has no meaning and is illogical. First of all, the High Court is not the final court in the hierarchy and its orders are amenable to challenge before this Court, unlike the obvious position that there is no scope for any further appeal from the order made declining to grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of ap....