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2009 (3) TMI 1070 - SC - Indian LawsInvolvement of serious acts of misconduct proved against Booking Clerk and removed from service - Challenged the Non-reasoned order of High Court - Respondent filed an application before the Labour Court and admitted that certain entries in register entered by him could not be made - Labour Court directed re-instatement with 50% backwages - writ petition was filed which was dismissed summarily after issuance of notice to the respondent who filed his reply - basic stand of the appellant is that the order is non-reasoned and the High Court had not even considered the various stands highlighted by the appellant. HELD THAT:- It appears that the High Court had initially issued notice and reply was filed by the respondent. After that the High Court has dismissed the writ petition in a summary manner. It cannot be said that the various aspects highlighted by the appellant were without any substance. What would have the effect of it was to be enquired in the writ petition which apparently has not been done. The order reads as follows: ''Impugned order does not suffer from any infirmity warranting interference by this Court. Consequently writ petition is dismissed.'' As the quoted portion of the order goes to show that practically no reason was indicated, the dismissal of the writ petition in such summary manner without indicating any reason is clearly indefensible. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge. The absence of reasons has rendered the High Court's judgment not sustainable. The attempt to draw an analogy on the power of this Court under Article 136 of the Constitution of India, 1950 (in short the `Constitution') and the practice of rejecting appeals at the SLP stage invariably without assigning reasons with the one to be exercised while dealing with a writ petition has no meaning and is illogical. First of all, the High Court is not the final court in the hierarchy and its orders are amenable to challenge before this Court, unlike the obvious position that there is no scope for any further appeal from the order made declining to grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of appeal in favour of any party as such and it is not that any and every error is envisaged to be corrected in exercising powers under Article 136 of the Constitution of India. The powers of this Court under Article 136 of the Constitution are special and extraordinary and the main object is to ensure that there has been no miscarriage of justice. That cannot be said to be the same with a writ petition. This position is highlighted in Dr. Vishnu Dev Sharma v. State of U.P. and Ors [2008 (1) TMI 979 - SUPREME COURT OF INDIA]. Hence, the impugned order of the High Court is clearly unsustainable and is set aside. The matter is remitted to the High Court to hear the Civil Misc. Writ Petition to be disposed of by a reasoned order.
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