Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India -– Art.226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India -– Art.226 – Exercise of power under – Necessity of independent application of mind – ‘Cut-copy-paste’ not a substitute for substantive reasoning – Issue whether first respondent was correctly denied selection having regard to the fact that a disciplinary penalty had been imposed upon him – Appellant moved before High Court in proceedings u/Art.226 for challenging order of the Tribunal – High Court extracted portions of the judgement of the Tribunal and declined to interfere stating that the Tribunal had not committed any jurisdictional error – Held: There was no independent application of mind to the controversy by the High Court – Technology enables speed, efficiency and accuracy to judicial work – But prolific use of ‘cut-copy-paste’ function should not become a substitute for substantive reasoning which, in the ultimate analysis, is the defining feature of the judicial process – Reasons constitute the soul of a judicial decision – It was necessary for the High Court to express an opinion on the merits of the rival submissions since it was seized of proceedings u/ Art.226 – High Court having not carried out the exercise, the judgment of High Court is set aside – Writ petition restored to High Court – Judgment / Order – Practice and Procedure – Service Law. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 156 |
Petitioner | Union Public Service Commission |
Respondent | Bibhu Prasad Sarangi And Others |
SCR | [2021] 7 S.C.R. 13 |
Judgement Date | 2021-03-05 |
Case Number | 821 |
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