Judgment/Order – Several issues raised, matter decided considering a solitary point without dealing with other points – Impermissibility – School Tribunal set aside the order of the first respondent dismissing the appellant from service and granted reinstatement together with consequential benefits to her – Writ petition filed by first respondent – High Court considering a solitary point raised on behalf of the first respondent (i.e., the Tribunal had not looked into all the records and proceedings, more particularly the resolution authorizing the Secretary thereof to initiate proceedings against the appellant) and without looking into any other point, remanded the matter to the Tribunal to consider afresh the claim of the appellant for reinstatement in service – Review petition filed by appellant, rejected – Challenge to the order allowing the writ petition and the order dismissing the review petition:
Held: When several issues arise for being answered by a Court in the facts of a given case, ideally, disposal thereof ought to be preceded by recording the Court’s answers to each of such issues with reasons rather than the decision of the Court focusing on just one decisive point – High Court ought not to have remanded the matter to the Tribunal for a fresh decision based on its consideration of only a sole point – Even if the Secretary of the first respondent were authorized to draw up proceedings against the appellant by issuing charge-sheet, whether or not the inquiry suffered from breach of principles of natural justice, as claimed, and also as to whether the findings of the Tribunal were justified, ought to have engaged the High Court’s due consideration – High Court faltered in deciding only one single point while not dealing with the others, which is a fundamental flaw vitiating its order – Impugned orders set aside, writ petition remanded to the High Court for a fresh consideration thereof in the light of the claims and defences of the parties. [Paras 8-10]
Judgment/Order – Reasoned decision – Several issues raised, each of such issue to be dealt with:
Held: When several issues arise for being answered by a Court in the facts of a given case, ideally, disposal thereof ought to be preceded by recording the Court’s answers to each of such issues with reasons rather than the decision of the Court focusing on just one decisive point – This approach, apart from ensuring that all issues are considered providing clarity and assuring some sort of a finality, would respect the rights of the litigants to a comprehensive decision; also, if an appeal were carried from such decision, the appellate court would be benefitted by a reasoned decision of the original court. [Para 9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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