Supreme Court of India
Geep Industrial Syndicate Ltd. vs Central Government And Ors. on 4 April, 1986
Equivalent citations: 1987(13)ECC31, 1987(31)ELT865(SC), 1986(1)SCALE533, (1986)2SCC552, AIRONLINE 1986 SC 146
Author: R.S. Pathak
Bench: A.P. Sen, D.P. Madon, R.S. Pathak
JUDGMENT R.S. Pathak, J.
1. Admittedly the facts in this case correspond to those giving rise to The Union Carbide India Limited v. Union of India and Ors. (Civil Appeal No. 1103 of 1972) and the issues raised in this appeal are identical with those arising in that appeal. The only difference is that the complaint in the writ petition filed by the present appellant in the High Court was that the revision petition filed by it before the revising authority was disposed of summarily by an order which did not disclose any reasons on the face of it, and it was urged that the revising authority was bound to have given its reasons for the order dismissing the revision petition. The grievance found favour with the learned Single Judge, and he allowed the writ petition quashing the order of the revising authority. He directed it to rehear the revision. He did not enter into the controversy between the patties on its merits. Aggrieved by his failure to consider the case on its merits the appellant preferred a special appeal in the High Court. That special appeal was disposed of by a Division Bench of the High Court by a common judgment and order dated February 22, 1972, by which the learned Judges disposed of also the special appeal giving rise to the aforesaid The Union Carbide India Limited v. Union of India and Ors. (Civil Appeal No. 1103 of 1972). As the questions raised on the merits in the two appeals are identical, learned Counsel for the parties are agreed that this appeal hould also be concluded by an order similar to that disposing of the said The Union Carbide India Limited v Union of India and Ors. (Civil Appeal No. 1103 of 1972).
2. Accordingly, for the reasons set forth in the judgment and order of date disposing of the said The Union Carbide India Limited v. Union of India and Ors. (Civil Appeal No. 1103 of 1972), this appeal is allowed, the judgment and order dated February 22, 1972 of the Division Bench of the High Court of Allahabad are set aside and the writ Petition is allowed and the reliefs claimed by the appellant in the writ petition are granted. The appellant is entitled to its costs of this appeal.