FAKRUDDIN versus THE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.

FAKRUDDIN versus THE PRINCIPAL, CONSOLIDATION TRAINING INSTITUTE AND ORS.

The High Court's order is set aside and the matter remitted to the High Court because one of the judges deciding the writ petition had previously appeared as counsel for the respondents, and upon being apprised of this fact, chose to decide the case, which is neither justified nor healthy for the institution.

Parties
Appellant: Fakruddin; Respondents: The Principal, Consolidation Training Institute and others
Jurisdiction
India
Judgment Date
10 May 1995
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Patna High Court
Outcome
appeal allowed
Legal Topics
Recusal of Judge, Impartiality, Allotment of 'chaks' in Consolidation Proceedings
Judicial Propriety Recusal of Judge Impartiality Allotment of 'chaks' in Consolidation Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Fakruddin

Appellant

The Principal, Consolidation Training Institute and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Patna High Court

Legal Issues

  1. 1 Whether it was justified for a judge, who was previously counsel to the respondents, to decide the writ petition after being apprised of the fact.

Ratio Decidendi

The High Court's order is set aside and the matter remitted to the High Court because one of the judges deciding the writ petition had previously appeared as counsel for the respondents, and upon being apprised of this fact, chose to decide the case, which is neither justified nor healthy for the institution.

Court Disposition

appeal allowed

Orders

  • High Court order set aside
  • Matter remitted back to the High Court for fresh decision on merits