ARUN S/O MAHADEORAO DAMKA versus ADDITIONAL INSPECTOR GENERAL OF POLICE & ANR.

ARUN S/O MAHADEORAO DAMKA versus ADDITIONAL INSPECTOR GENERAL OF POLICE & ANR.

The High Court's order summarily dismissing the writ petition in limine with the word 'rejected' cannot be sustained; High Courts must record reasons when dismissing writ petitions, especially where substantial questions are raised.

Parties
Petitioner: Arun Mahadeorao Damka; Respondent: Additional Inspector General of Police; Respondent: State Government of Maharashtra
Jurisdiction
India
Judgment Date
08 May 1986
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition in Limine by Bombay High Court
Outcome
Appeal allowed
Legal Topics
Summary Dismissal of Writ Petitions, Requirement of Speaking Orders, Article 311(2) of Constitution, Article 226 and 227 of Constitution
Constitutional Law Administrative Law Summary Dismissal of Writ Petitions Requirement of Speaking Orders Article 311(2) of Constitution Article 226 and 227 of Constitution

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Parties

Arun Mahadeorao Damka

Petitioner

Additional Inspector General of Police

Respondent

State Government of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition in Limine by Bombay High Court

Legal Issues

  1. 1 Whether reversion from Police Inspector to Sub-Inspector is punishment violating Article 311(2)
  2. 2 Whether High Court was justified in dismissing writ petition in limine without reasons

Ratio Decidendi

The High Court's order summarily dismissing the writ petition in limine with the word 'rejected' cannot be sustained; High Courts must record reasons when dismissing writ petitions, especially where substantial questions are raised.

Court Disposition

Appeal allowed

Orders

  • Order of summary dismissal by High Court set aside
  • High Court directed to admit writ petition to its file and dispose of it in accordance with law