Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim Order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Interim order - Delay in filing appeal - Delay not condoned and appeal not entertained - Court passing series of interim orders - Permissibility of - Held: Not permissible as appeal was non est in eye of law without it being entertained - Matter remitted.On the basis of enquiry, administrative function was withdrawn from respondent 1 and another person was appointed. Respondent 1 filed OA before Administrative Tribunal. Tribunal passed certain interim orders and ultimately dismissed OA on the ground that Tribunal had no jurisdiction. Respondent No.1 then filed writ petition before High Court seeking restoration of status as Member Secretary of Governing body. Certain interim directions were given. The appellant-State took stand that respondent 1 was not attending the office and was not signing the attendance register. Single Judge of High Court held that since factual dispute was involved, the writ petition was not entertainable. Writ appeal was filed there against. Certain interim orders were passed therein. Writ appeal was allowed holding that since proceedings for absence were not initiated, appellant was bound to pay lawful arrears and there was no question of any prejudice involved. In appeal to this Court, the appellant contended that without condoning the delay several interim orders were A passed which was not permissible in law. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 60 |
Petitioner | The State Of West Bengal & Ors. |
Respondent | Somdeb Bandyopadhyay & Ors. |
SCR | [2009] 1 S.C.R. 504 |
Judgement Date | 2009-01-23 |
Case Number | 397 |
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