DEV SINGH & ORS. versus REGISTRAR, PUNJAB & HARYANA HIGH COURT & ORS.

DEV SINGH & ORS. versus REGISTRAR, PUNJAB & HARYANA HIGH COURT & ORS.

The High Court, when disposing of a service appeal under Rule X, Chapter 18-A of the Punjab High Court Rules and Orders, acts in its administrative capacity exercising supervisory control under Article 235 of the Constitution, not as a tribunal adjudicating a judicial dispute. Therefore, such a decision is not amenable to appeal before the Supreme Court under Article 136.

Parties
Appellants: Dev Singh & Ors.; Respondents: Registrar, Punjab & Haryana High Court & Ors.
Jurisdiction
India
Judgment Date
15 April 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal Under Article 136, Challenging High Court Dismissal of Service Appeal
Outcome
Appeal dismissed as not maintainable under Article 136.
Legal Topics
Appealability Under Article 136, Judicial Vs. Administrative Function, Control of Subordinate Courts, Dismissal of Ministerial Staff, High Court Rules
Service Law Judicial Administration Constitutional Law Appealability Under Article 136 Judicial Vs. Administrative Function Control of Subordinate Courts Dismissal of Ministerial Staff High Court Rules

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Parties

Dev Singh & Ors.

Appellants

Registrar, Punjab & Haryana High Court & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Under Article 136, Challenging High Court Dismissal of Service Appeal

Legal Issues

  1. 1 Whether the High Court's decision in a service appeal under Rule X, Chapter 18-A of the Punjab High Court Rules is judicial or administrative
  2. 2 Whether such a decision is appealable before the Supreme Court under Article 136 of the Constitution

Ratio Decidendi

The High Court, when disposing of a service appeal under Rule X, Chapter 18-A of the Punjab High Court Rules and Orders, acts in its administrative capacity exercising supervisory control under Article 235 of the Constitution, not as a tribunal adjudicating a judicial dispute. Therefore, such a decision is not amenable to appeal before the Supreme Court under Article 136.

Court Disposition

Appeal dismissed as not maintainable under Article 136.

Orders

  • Registrar directed to transfer records to Punjab and Haryana High Court to treat petition as one under Article 226 and dispose expeditiously.
  • No order as to costs.