Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 1993 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1993 (2) TMI 98 - SC - Income TaxWhether the discretion exercised by the Division Bench in refusing to entertain the earlier writ petition for non-availing of alternate remedy and dismissing it, could be said to be an unwarranted exercise of discretion? Held that:- When a judge of single judge Bench of a High Court is required to entertain a second writ petition of a person on a matter, he cannot, as a matter of course, entertain such petition, if an earlier writ petition of the same person on the same matter had been dismissed already by another single judge Bench or a Division Bench of the same High Court, even if such dismissal was on the ground of laches or on the ground of non-availing of alternate remedy. The second writ petition cannot be so entertained not because the learned single judge has no jurisdiction to entertain same, but because entertaining of such a second writ petition would render the order of the same court dismissing the earlier writ petition redundant and nugatory, although not reviewed by it in exercise of the recognised power. This reason which supports the first ground urged in support of the appeal, to wit, that the learned single judge ought not have entertained a second writ petition in respect of the order of compulsory retirement of the respondent, when a Division Bench of the same court had refused to entertain a writ petition of the same respondent filed respecting the same subject-matter for non-availing of the alternate remedy before the forum of the U. P. Public Services Tribunal, is also a valid reason. Appeal allowed.
|