2024 (8) TMI 1678

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.... Piyush Singh, Adv. Mr. Umesh Dubey, AOR Mr. Dushyant Parashar, AOR Mr. P.s. Patwalia, Sr. Adv. Mr. R.k. Singh, Adv. Mrs. Neeraj Singh, Adv. Mr. Tom Joseph, AOR Mr. R. Krishnaraj, Adv. Mr. Kumar Gaurav, Adv. Mr. Arjun Singh, Adv. Mr. Ramandeep Singh, Adv. ORDER 1. The appellant-State of Uttar Pradesh has assailed the Judgment and Order dated 18th April, 2022 passed by the Division Bench of the High Court of Judicature at Allahabad in an intra court appeal [Special Appeal No.222 of 2022] directed against the common judgment and order dated 21st December, 2021 passed by the learned Single Judge in a batch of writ petitions. We have perused the impugned judgment and find that except for placing on record the case of the writ petitioners ....

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....y the appellants will be subject to final orders in the appeal, the appellant-State has made subsequent appointments of teachers and is continuing to do so. 3. We are of the opinion that in the absence of any reasoning in the impugned judgment, the same cannot be sustained. In this regard, we are benefitted by the following observations made by this Court in CCT v. Shukla & Bros.[(2010) 4 SCC 785], The relevant paragraphs of the judgment are extracted hereinbelow: - "23. We are not venturing to comment upon the correctness or otherwise of the contentions of law raised before the High Court in the present petition, but it was certainly expected of the High Court to record some kind of reasons for rejecting the revision petition f....

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....nd working. It is the requirement of law that correction process of judgments should not only appear to be implemented but also seem to have been properly implemented. Reasons for an order would ensure and enhance public confidence and would provide due satisfaction to the consumer of justice under our justice dispensation system. It may not be very correct in law to say, that there is a qualified duty imposed upon the courts to record reasons. 26. Our procedural law and the established practice, in fact, imposes unqualified obligation upon the courts to record reasons. There is hardly any statutory provision under the Income Tax Act or under the Constitution itself requiring recording of reasons in the judgments but it is no more ....

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.... back to the Division Bench for the parties to appear and address arguments afresh. Liberty is granted to the parties to place on record the subsequent developments in the matter so that the Division Bench is apprised of the larger perspective in the case and take an objective view in the matter. Liberty is granted to both sides to address arguments on law as also on facts afresh by additionally referring to the subsequent developments, if any besides the issues raised before the Division Bench in the light of the common judgment passed by the learned Single Judge. 5. Accordingly, the impugned judgment is quashed and set aside and the appeal filed by the appellant in the High Court is restored to its original position. The parties are di....