Supreme Court of India
ARUN S/O MAHADEORAO DAMKAversusADDITIONAL INSPECTOR GENERAL OF POLICE & ANR.
- Citation
- 1986 INSC 114
- Decided
- 8 May 1986
- Disposal
- Appeal(s) allowed
- Bench
- A P SEN
Holding
A High Court cannot dismiss a writ petition in limine without recording brief reasons; a speaking order is mandatory.
Summary
The petitioner, a police inspector with an exemplary service record, was reverted to the rank of sub‑inspector on 4 January 1985, with a note that the reversion would not affect future promotion. He claimed the reversion was punitive and violative of Article 311(2) of the Constitution and filed a writ petition under Article 226. The Bombay High Court dismissed the petition in limine, using only the word “rejected” and gave no reasons. On appeal, the Supreme Court held that a High Court must pass a reasoned, speaking order when dismissing a writ petition, especially where substantial questions of law arise, and that summary dismissal without reasons undermines public confidence. The Court set aside the High Court’s order of summary dismissal, granted special leave, and directed the High Court to admit the petition and decide it on its merits. The Supreme Court refrained from expressing an opinion on whether the reversion was punitive. Consequently, the appeal was allowed.
Issues considered
- Whether a High Court may dismiss a writ petition in limine without recording reasons.
- Whether the reversion of a police officer from Inspector to Sub‑Inspector constitutes punishment prohibited by Article 311(2) of the Constitution.
- Whether the reversion order violates the procedural safeguards under Article 311(2).
Legislation cited
- Constitution of Indias. Article 136, s. Article 141, s. Article 226, s. Article 227, s. Article 311(2)
Subjects
Article 311(2)speaking ordersummary dismissalwrit petitionhigh court procedurecivil service protectionspecial leaveconstitutional law
Judgment
1101
ARUN 5/0 MAHADEORAO DAMKA A
v.
} ADDITIONAL INSPECTOR GENERAL
OF POLICE & ANR.
MAY 8, 1986
B
[A.P. SEN AND B.C. RAY, JJ.]
Constitution of India, 1950, Arts. 226 and 227 -
-t Necessity of High Courts to make speaking orders while
dismissing petitions •
•
The petitioner, who had a brilliant record in service, c
.was reverted on Jan. 4, 1985 from the post of Police Inspector
t to that of Police Sub-Inspector with the endorsement that such
reversion would not disqualify him for being considered for
+ promotion to the post of Police Inspector in future. He made a
detailed representation contending that his reversion was
wholly unjustified. Since he did not receive any redress of D
his grievance, he moved the Nagpur Bench of the Bombay High
Court by a petition under Art. 226 of the Constitution
challenging the order of reversion as being violative of Art.
311(2) of the Constitution. The High Court dismissed the
petition in limine •
... E
-
In appeal to the Supreme Court it was contended: (i)
that the reversion of the appellant from the post of
Officiating Police-Inspector to that of Police Sub-Inspector
was by way of punishment and was thus violative of Art. 311(2)
-"f of the Constitution; and (ii) that the High Court was not
justified in dismissing the writ petition in limine. F
'\ Allowing the appeal,
HEU>: 1. The impugned order passed by the High Court
dismissing the writ petition in limine by the use of a laconic
word "rejected" cannot be sustained. It does not inspire
G
public confidence in administration of justice if the High
, Courts were to reject the writ petitions without due
.J. application of mind even though substantial questions were
r raised in the writ petitions. It was not right on the part of
"' the High Court to have declined to entertain and decide the
H
1102 SUPREME COURT REPORTS [19861 2 s.c.R.
A
question as to whether the impugned order of reversion was
liable to be struck down as offending against Art.311(2) of ~
the Constitution. The writ petition did raise an arguable
question and it deserved hearing upon merits. (1104 G-H;
1105 A-Bl
B 2.1 In a hierarchical system of Courts which exists in
our country, all courts and tribunals including the High Court
exercising judicial and quasi-judicial functions owe it a duty
to pass reasoned orders. Therefore, while dismissing a writ i
petition summarily, the High Court must record reasons •
briefly. A brief statement of reasons would greatly assist the
c Supreme Court in understanding the High Court's thought
process which, in turn facilitates a quick and satisfactory -"
disposal of Special Leave Petitions. (1105 B-C; E-Gl )
2. 2 The High Courts should understand this Court's i
difficulty in unravelling the reasons for summary dismissal in
D the absence of a brief statement of reasons. It would
considerably lighten the task of Supreme Court if the High
Courts while dismissing a writ petition were to indicate in a
few words the contention(s) urged and their views that the
contentions cannot prevail. (1105 G; Dl
E In the instant case, the Court directed the High Court Y
to admit the writ petition to its file and dispose it of in
accordance with law. (1106 A-Bl
1~6.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1963 of
~
-
F
•From the Judgment and Order dated 19th September, 1985
of the Bombay High Court in Writ Petition No. 337 of 1985. r
U.R. Lallt, S.V. Deshpande, Dr. N.M. Ghatate and S. Ray
for the Appellant.
G
V.N. Ganpule, A.M. Khanwilkar and A.S. Bhasme for the
Respondents.
The Judgment of the Court was delivered by
H SEN, J. This is a petition for grant of special leave
under Art. 136 of the Constitution directed against the
ARUN v. A.I.G. OF POLICE [SEN, J.] 1103
A
judgment and order of the Bombay High Court dated September
} 19, 1985 dismising a petition filed by the petitioner under
Art. 226 of the Constitution challenging an order of the
1 Additional Inspector General of Police, Bombay dated January
4, 1985 for his reversfon from the post of Offg. Police
Inspector to that of Sub-Inspector of Police as being B
violative of Art. 311(2) of the Constitution. By the impugned
order, the High Court has dismissed the Writ Petition in
limine just by the use of a laconic word 'rejected'.
The Facts. The petitioner was promoted as Offg. Police
• Inspector on May 22, 1983, on the recommendation of the
Selection Board upon reviewing his case. While he was posted c
as Police Inspector at Ramtak in 1982, he successfully handled
t the difficult situation arising at Kanhan Coal Mines where
there was a quarrel between two unions, namely I.T.U.C. and
l I.N.T.U.C. and received a cash prize of Rs. 50 and 'C' Note
from the Superintendent of Police, Nagpur District (Rural) by
order dated October 28, 1983. He also received several D
commendations for tactfully handling the situation at Kamptee
.., j on the eve of Dussehra, Muharram, Ganeshpooja and Bakr-Id
festivals in the years 1982 and 1983. During the period from
February to March 1983, he was deputed to Delhi as a Special
Security Officer for the Seventh Non-Aligned Conference and
~was posted at Vigyan Bhawan for making security arrangements. E
All of a sudden on January 4, 1985, the petitioner was served
- with the impugned order of reversion by the Additional
Inspector General of Police, Bombay from the Post of Police
Inspector to that of Police Sub-Inspector with the endorsement
that such reversion would not disqualify him for being
'i considered for promotion to the post of Police Inspector in F
future.
It appears from the return filed by the State Government
in the High Court that this reversion was based upon the
report of the Selection Committee that he was not fit to be
retained as Police Inspector. The recommendation was based on G
the Annual Confidential Reports for the years 1982 and 1983 to
M the effect that the petitio ..er was given to heavy drinking and
had practically become a physical wreck and though young he
1 was wholly unfit to hold independent charge. The adverse
entries in the Annual Confidential Reports for the years 1982
and 1983 were collllllnicated to the petitioner in December 1984. H
1104 SUPREME COURT REPORTS (19861 2 s.c.R.
A
The petitioner was given two months' time to make his
representation against the adverse entries i.e. time till ~
February 1985.
The petitioner contends that the adverse remarks in his
Annual Confidential Reports for the years 1982 and 1983 were
B wholly baseless and he accordingly within time prescribed,
made a detailed representation pointing out that his reversion
on the ground of the Annual Confidential Reports was wholly
unjustified. He also annexed with the representation all the i'
documents which he filed along with the Writ Petition, showing
that the remarks in his Annual Confidential Reports that he
c was unfit for service were uncalled for and prayed that the
order of reversion be stayed till the consideration of his -1.-
representation. Not having received any redress of his )
grievance the petitioner moved the Nagpur Bench of the Bombay
High Court by a petition under Art. 226 of the Constitution.1
The High Court, however, dismissed the Writ Petition in
D limine. On a perusal of the return filed by the State
Government in the High Court, it is apparent that the
reversion of the petitioner was solely based on the
recoomendation of the Selection Board which appears to have
reviewed his case for retention on the post of Police
Inspector and took into consideration the Annual Confidential
E Reports for the years l 982 and 1983. y
F
The only contention before us is that the reversion of
the petitioner from the post of Offg. Police Inspector to that
of Police Sub-Inspector was by way of punishment and was thus
violative of Art. 311(2) of the Constitution. It is urged that'r'
the High Court was not justified in dismissing the Writ
-
Petition in limine.
We refrain from expressing any opinion whether thef
impugned order was by way of punishment or not. All that we
wish to say is that we are distressed to find that the
G impugned order passed by the High Court dismissing the Writ
Petition in limine by the use of a laconic word 'rejected'
cannot be --Sustained. It does not inspire public confidence in ,...
administration of justice if the High Courts were to reject
the Writ Petitions without due application of mind even though r
substantial questions were raised in the Writ Petitions. It
H was not right on the part of the High Court to have declined
ARUN v. A.1.r,. OF POLICE [SEN, J,] 1105
to entertain and declde the question as to whether the
j i~ugned order of reversion was liable to be struck down as
offending against Art. 311(2) of the Constltution. The Writ
Petition did raise an arguable question and it des.erved
hearing upon merits.
In a hierarchical system of Courts which exists in our B
country, all courts and tribunals including the High Court
exercising judicial and quasi-judicial functions owe it a duty
-t to pass reasoned orders. As lt is, there is a growing tendency
t' to file indiscriminate petitions under Art. 136 of the
Constitution and this Court is finding it extremely difficult
to tackle with the backlog of cases because of the precious
.J_ time occupied in disposal of Special Leave Petitions which, we c
r regret to say, are wholly devoid of substance and of a
frivolous nature. It would considerably lighten the task of
1 this Court if the High Courts while dismissing a Writ Petition
were to indicate in a few words the contention(s) urged and
their views that the contention(s) cannot prevail. We are
distressed to find that there is a growing tendency in some of 0
-~ the High Courts to dismiss petitions filed under Art. 226 or
227 of the Constitution in limine without a speaking order
just by the use of a laconic word 'rejected' or 'dismissed'.
¥ How often D11st this Court decree that while dismissing a
Writ Petition sulllllarily, the High Court ID.1st record reasons E
briefly? We regret that this has to be stated once again. We
- trust the High Courts to follow the law laid down by this
Court which, indeed, is obligatory upon them under Art. 141 of
'i the Constitution. A brief statement of reasons would greatly
assist this Court in understanding the High Court's thought
process which, in turn facilitates a quick and satisfactory F
~ disposal of Special Leave Petitions. We understand the
1 difficulty of the High Courts in writing long orders while
dismissing Writ Petitions summarily. The High Courts should
understand our difficulty in unravelling the reasons for
summary dismissal in the absence of a brief statement of
reasons. These are hallmarks of a disciplined judicial G
process.
Since, in the instant case, the Writ Petition did
involve a question deserving of careful consideration, we
grant special leave under Art. 136 of the Constf.tution and set
H
1106 SUPREME COURT REPORTS (1986] 2 S.C.R.
aside the order of the High Court of summary dismissal. We
A
direct the High Court to admit the Writ Petition to its file \
and dispose it of in accordance with law. The petitioner
shall be entitled to his costs. Costs quantified at '<'
Rs. l, 000.
M.L.A. Appeal allowed.
-
r
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