ABHIMANYOO RAM versus STATE OF U.P. & ANR.

ABHIMANYOO RAM versus STATE OF U.P. & ANR.

The appellant was not put on notice about the consequential direction to revoke appointment if granted under the interim order, nor given the option to proceed with the writ petition upon being informed of such consequences, amounting to a violation of principles of natural justice. Such notice is necessary when dismissing petitions as not pressed after granting interim relief. Hence, the dismissal order with added directions was set aside and the writ petition restored.

Parties
Appellant: Abhimanyoo Ram; Respondents: State of U.P. & Anr.
Jurisdiction
India
Judgment Date
21 November 2008
Procedural Posture
Civil Appeal / Appeal Against Final Judgment and Order of the High Court of Judicature Dismissing Civil Writ Petition No. 53286 of 2007 as Not Pressed
Outcome
Appeal allowed. Order of High Court dated 25.2.2008 set aside. Writ petition restored to the High Court file for decision in accordance with law.
Legal Topics
Natural Justice, Interim Reliefs, Recruitment and Selection Process, Dismissal as Not Pressed/withdrawal of Petition
Constitutional Law Administrative Law Natural Justice Interim Reliefs Recruitment and Selection Process Dismissal as Not Pressed/withdrawal of Petition

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Parties

Abhimanyoo Ram

Appellant

State of U.P. & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Final Judgment and Order of the High Court of Judicature Dismissing Civil Writ Petition No. 53286 of 2007 as Not Pressed

Legal Issues

  1. 1 Whether a High Court order dismissing a writ petition as not pressed, after granting interim relief, can include consequential directions prejudicial to the petitioner without notice.
  2. 2 Whether the principles of natural justice require that the petitioner be informed of consequential directions before dismissing a petition as not pressed.

Ratio Decidendi

The appellant was not put on notice about the consequential direction to revoke appointment if granted under the interim order, nor given the option to proceed with the writ petition upon being informed of such consequences, amounting to a violation of principles of natural justice. Such notice is necessary when dismissing petitions as not pressed after granting interim relief. Hence, the dismissal order with added directions was set aside and the writ petition restored.

Court Disposition

Appeal allowed. Order of High Court dated 25.2.2008 set aside. Writ petition restored to the High Court file for decision in accordance with law.

Orders

  • Order of High Court dated 25.2.2008 set aside.
  • Writ Petition No. 53286 of 2007 restored to the file of the High Court.