NO COURT HAS ANY RIGHT TO PASS UNREASONED ORDERS, READ THE JUDGMENT

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NO COURT HAS ANY RIGHT TO PASS UNREASONED ORDERS, READ THE JUDGMENT

April 7, 2019: Supreme Court has termed an order unreasoned as the order neither discussed the issues arising in the case, nor dealt with any of the submissions urged by the parties and nor assigned any reason for granting the relief.
Justice Sapre speaking for a two judges bench has pronounced the judgment tilted as State of Orissa vs Chandra Nandi on 01.04.2019

Chandra Nandi (a retired employee) filed OA No.1513 (C) 2004 in the Tribunal against the appellant (State) and sought certain reliefs in relation to his post-retiral benefits, such as gratuity, pension etc. By order dated 11.06.2009, the Tribunal granted some benefits to the respondent but declined the remaining benefits which gave rise to filing of the writ petition by the respondent (employee) against that part of the order of the Tribunal which declined to grant him the remaining benefits which he had claimed in his OA. By impugned order, the High Court allowed the respondent’s writ petition in part and also granted those benefits, which were declined by the Tribunal giving rise to filing of this appeal by the State by way of special leave in Supreme Court.
The Supreme Court observed “The need to remand the case to the High Court has occasioned because from the perusal of the impugned order, we find that it is an unreasoned order. In other words, the High Court neither discussed the issues arising in the case, nor dealt with any of the submissions urged by the parties and nor assigned any reason as to why it has allowed the writ petition and granted the reliefs to the writ petitioner which were declined by the Tribunal”.
The Court relied upon its earlier decisions and explained that orders must be supported by reasons. It then remanded the case for fresh disposal.

Read the judgment




Source:Latest Law.com

MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137

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