STATE OF ORISSA & ORS. versus CHANDRA NANDI
The lack of reasons in the High Court's order renders it unsustainable; every order deciding a lis must be reasoned. The impugned order is set aside and the matter is remanded to the High Court for fresh decision in accordance with law.
- Parties
- Appellant: State of Orissa & Ors.; Respondent: Chandra Nandi
- Jurisdiction
- India
- Judgment Date
- 01 April 2019
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment/orders
- Outcome
- Appeal allowed; impugned order set aside; matter remanded for fresh decision by High Court.
- Legal Topics
- Requirement of Reasoned Orders, Writ of Mandamus, Post Retiral Benefits, Pensionary Benefits
Case Brief
Summary, issues, holding and outcome
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Parties
State of Orissa & Ors.
Appellant
Chandra Nandi
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/orders
Legal Issues
- 1 Whether the High Court was justified in issuing mandamus and granting pensionary benefits without assigning reasons.
- 2 Whether an unreasoned judicial/quasi-judicial order is legally sustainable.
Ratio Decidendi
The lack of reasons in the High Court's order renders it unsustainable; every order deciding a lis must be reasoned. The impugned order is set aside and the matter is remanded to the High Court for fresh decision in accordance with law.
Court Disposition
Appeal allowed; impugned order set aside; matter remanded for fresh decision by High Court.
Orders
- Impugned High Court order dated 24.01.2014 set aside.
- Case remanded to High Court to decide writ petition afresh, in accordance with law.
Full Case Text
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