2020 (3) TMI 527

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....he Impugned Rule notified by the First Respondent on 27.07.2016 as it is ultra vires the Act and the Constitution; (b) issue an appropriate direction, order or writ in the nature of certiorari quashing / setting aside the Impugned Communication dated 05.10.2016 passed by the Second Respondent; (c) Issue any other appropriate writ, order or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case." 2. Learned Senior Counsel appearing for the petitioner submits that the impugned order dated 05.10.2016 passed by the respondent deserves to be quashed and set aside on various grounds. It is also submitted by the learned Senior Counsel for the petitioner that if the impugned order i....

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....o mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out. We may here draw attention to the observations of Bose, J. in Gordhandas Bhanji [Commr. of Police, Bombay v. Gordhandas Bhanji, AIR 1952 SC 16] : "Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to affect ....

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....ion. The learned Judges observed: "It is true that the submission at Serial No. 3 above in fact relates to the preliminary objection urged on behalf of Respondents 1 and 3 and should normally have been dealt with first but since the contentions of the parties on submission 1 are intermixed with the interpretation of Article 329(b) of the Constitution, we thought it proper to deal with them in the order in which they have been made." This is hardly convincing alibi for the extensive per incuriam examination of facts and law gratuitously made by the Division Bench of the High Court, thereby generating apprehensions in the appellant's mind that not only is his petition not maintainable but he has been damned by damaging f....