| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Maharashtra Prohibition Act Administrative Law FIR against appellants 1949 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Maharasthra Prohibition Act, 1949 (25 of 1949) |
| Case(s) Referred | Referred Case 0 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Administrative Law:Bias – FIR against appellants (holders of licence for selling liquor) – For commission of offences under Maharashtra Prohibition Act, 1949 – Sealing of liquor shops of the licencees – Licencing authority by interim order directed de-sealing – The appellate authority (Commissioner State Excise) stayed the order of de-sealing – Thereafter, Licencing authority, by final order directed the licencees to pay Rs. 50,000/- as compounding fee – The appellate authority ex-parte stayed the operation of final order – Writ petition by licencees – High Court quashed the order of sealing and also the exparte stay order of the appellate authority and directed the appellate authority to decide the case on merit – High Court also made adverse remarks against the appellate authority – Appeal by the licencees taking the plea that in view of the adverse remarks against the appellate authority High Court should have transferred the case to another appellate authority – Appeal also filed by appellate authority seeking expunction of adverse remarks – Held: Licencees have failed to make out any case of bias against the appellate authority – Therefore, there is no justification in transferring the case to another appellate authority – The appeals of licencees dismissed with cost of Rs. 50,000/- – Adverse remarks and strictures against the appellate authority were unnecessary in the facts of the present case, nor were they germane for deciding the lis between parties – The remarks are expunged and stand deleted from records. Bias – Allegation of – Against quasi-judicial authority – Permissibility – Held: Plea of alleged bias is permissible in law to impugn the action/order of quasi-judicial authority – However, such plea has to be founded on substantial material – If the lis can be decided on other legal grounds, such plea should not be entertained – Every adverse order passed against a litigant is injurious to a losing party – However, that does not give a right to attack the adverse order by attributing bias against the authority. Jurisdiction: Jurisdiction of writ court – Held: Writ Court does not hold inquiry on disputed facts. Adverse Remarks/Strictures: Adverse remarks by higher judiciary – Against judicial/ administrative officer while examining their action/order impugned in the judicial proceedings – Held: Higher judiciary must avoid as far as possible from making such remarks. Judgment/Order: Stay of order in anticipation – Propriety of – High Court while disposing of writ petition, directed appellate authority to decide the appeals on merit – Also directed that if the appellate authority passed the order adverse to the writ petitioners, such orders were not to take effect for a particular period – Held: A Court can stay or quash only these orders which are impugned in the lis before it – Court cannot stay or quash the orders in anticipation – Such order is interference with the judicial independence of an appellate authority – It is only after the order is passed, the aggrieved has legal right to take recourse to legal remedy. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2019 INSC 23 |
| Petitioner | Manish S. Pardasani (m/s Wine Kornder) Etc. Etc. |
| Respondent | Inspector State Excise, P-1, Division, Mumbai (suburbs) & Ors. Etc. Etc. |
| SCR | [2019] 1 S.C.R. 312 |
| Judgement Date | 2019-01-07 |
| Case Number | 126 |
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