SMT. JAYA DEVI versus THE STATE OF BIHAR AND ORS.

SMT. JAYA DEVI versus THE STATE OF BIHAR AND ORS.

The High Court's order withdrawing relief granted to the appellant, in proceedings where she was neither a necessary nor proper party and without specific notice, was not sustainable. Such a method of recall cannot be upheld when proper procedure is not followed.

Source-derived case information.

Parties
Appellant: SMT. Jaya Devi; Respondent: The State of Bihar; Respondent: Respondent Nos. 1-5; Respondent: Respondent No. 7 (Shri Shyama Kant Jha)
Jurisdiction
India
Judgment Date
19 January 1996
Procedural Posture
Civil Appeal / Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Termination of Service, Withdrawal of Relief in Writ Proceedings, Notice Requirements in Recall of Judicial Orders
Service Law Practice & Procedure Termination of Service Withdrawal of Relief in Writ Proceedings Notice Requirements in Recall of Judicial Orders

Source-derived case record

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Parties

SMT. Jaya Devi

Appellant

The State of Bihar

Respondent

Respondent Nos. 1-5

Respondent

Respondent No. 7 (Shri Shyama Kant Jha)

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Whether the High Court could recall its earlier order passed in favour of the appellant without specific notice to her in a distinct proceeding.

Ratio Decidendi

The High Court's order withdrawing relief granted to the appellant, in proceedings where she was neither a necessary nor proper party and without specific notice, was not sustainable. Such a method of recall cannot be upheld when proper procedure is not followed.

Court Disposition

Appeal allowed

Orders

  • Set aside the impugned High Court order to the extent it affects the appellant.
  • The ill-effect of the High Court order stands withdrawn in so far as the appellant is concerned.