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Supreme CourtDivision Bench(1998) 08 SC CK 0083

Arvind Kumar Arya vs All India Institute of Medical Sciences and Another

Supreme Court Of India · Decided on 17 August 1998 · Citation: (2000) 1 LLJ 115 : (1999) SCC(L&S) 1159

HON’BLE JUDGES
D. P. Wadhwa, J · A. S. Anand, J
RESULT
dismissed
CASE NUMBER
C.A. No. 3990 of 1998

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Judgment

7 paragraphs · 359 words
1.

Leave granted.

2.

The services of the appellant were terminated by the All India Institute of Medical Sciences vide order dated July 4, 1997. Prior to that the appellant had been placed under suspension. According to the appellant, not only was the order of termination bad for various reasons but also that the order was motivated and he had not been paid subsistence allowance, as was required under the rules, for the period of suspension. He filed a writ petition (CW No. 3414 of 1997) in the High Court challenging the order of termination of services and denial of subsistence allowance on various grounds detailed therein. A learned single Judge of the High Court on August 26, 1997, made the following order in the writ petition:

"I find no merit in the petition. Dismissed".

3.

No reasons have been given by the learned Judge in support of the order of dismissal and merely saying that there was no merit in the petition does not amount to; disclosure of reasons on the basis of which the Court found no merit in the petition. We have been deprived of an opportunity to test the correctness of the reasons which influenced the Court to dismiss the writ petition in limine. Furnishing of reasons introduces clarity to the order and enables the higher forum to test the correctness of the same. We have not been able to do that in the absence of any reasons given in the impugned order. The writ petition did raise arguable points and it was desirable that reasons, howsoever brief, in support of the conclusion were given in the order. The impugned order cannot be sustained. We, therefore, consider it appropriate to set aside the impugned order and remand the case to the High Court for its fresh disposal in accordance with law on merits.

4.

The writ petition is remanded to the High Court and we request that the same be disposed of expeditiously.

5.

Nothing said hereinabove shall be construed as any expression of opinion on the merits of the case of the parties.

6.

The appeal is allowed in the above terms. No costs.