- Court
- Supreme Court of India
- Decided
- 30 October 1995
- Bench
- K. Ramaswamy, B. L. Hansaria
- Result
- Appeal allowed.
Headnote
[K. RAMASWAMY AND B.L. HANSARIA, J.1.)
Practice and Procedure :
Administrative Tiibzmal-Swnmary di;posal-He/d, Tiibzmal was not justified in summa1ily disposing of the matter without conside1ing 1iva/ con-tentions deserving consideration.
The appellant filed the appeal by special leave against the order of the Tamil Nadu Administrative Tribunal disposing the matter summarily.
Allowing the appeal ·and remitting the matter to the Tribunal for disposal, this. Court
HELD: 1.1. The Tribunal, by the impugned order, was not justified in summarily disposing of the matter without considering the rival con· tentions which in the background of the facts of this case, ought to be gone into. [564-A]
1.2. The Tribunal is free to consider the entire controversy in the light of :he Government order and pass appropriate orders according to Rules. [564-B)
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
Leave granted.
Having heard the learned counsel on both sides, we think that the Tribunal, by the impugned order, was not justified in summarily disposing of the matter without considering the rival contentions which in the back-ground of the facts of this case, ought to be gone into. Under these circumstances, the order of the Tribunal dated 10.1.1995 made in 0.A. 3427/90 is set aside. The matter is remitted to the Tamil Nadu Administra-tive Tribunal, Madras, for a fresh disposal according to law. It is made clear that we are not expressing any opinion on merits and the Tribunal is free to consider the entire controversy in the light of the Government order and pass appropriate orders according to Rules.
The appeal is allowed accordingly. No costs.
Case details
Arising from
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9879 of 1995.
Prom the Judgment and Order dated 10.1.95/24.2.95 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 3427 of 1990.
Appearances
R. Mohan and V.G. Pragasam for the Appellant.
T. Raja for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.