Supreme Court of India
Yadavindra Public School Association vs State Of Punjab And Ors. on 17 July, 1998
Equivalent citations: AIR1999SC3373, (1999)1SCC189, AIR 1999 SUPREME COURT 3373, 1999 AIR SCW 2221 1999 (1) SCC 189, 1999 (1) SCC 189
Bench: B.N. Kirpal, A.P. Misra
ORDER
1. Leave granted.
2. Considering that serious allegations of mala fides have been raised in the writ petition, it was not appropriate, in our opinion, for the High Court to have dismissed the writ petition by a detailed order in limine and without notice. When such allegations of mala fides are raised and the person against whom the allegations are made has been impleaded as a respondent it would be appropriate to give an opportunity to the person concerned to file an affidavit and then to decide the case on merits. Without expressing any opinion on the merits of this case, we set aside the judgment of the High Court and restore the CWP No. 16047/97 to the file of the High Court for decision in accordance with law. Pending disposal of the writ petition the appellant should not be dispossessed.