Supreme Court - Daily Orders
C.Girija vs Union Of India . on 4 August, 2014
v# 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.7181-7182 OF 2014
(Arising from SLP(C) Nos.1412-1413/2013)
C. Girija ..Appellant
versus
Union of India and others ..Respondents
O R D E R
Leave granted.
We have heard learned counsel for the rival parties. The reasons for the matter to be remanded to the Tribunal are depicted in paragraph 5 of the impugned order. Paragraph 5 of the impugned order is extracted hereunder:
"Whatever be the reasons that the Tribunal has given to quash Annexure-A1 dated 27.12.2007 which was impugned before the Tribunal, there seems to be the need to examine further as to whether the directions issued to the establishment in paragraph 11 of the impugned final order could be sustained as they now stand. In paragraph 10 of that order, the Tribunal had clearly noted the plea of the establishment that in 2003, 2007 and 2009 the establishment had conducted selection against 30% quota."
We find no justification in the High Court in remanding the matter to the Tribunal for consideration. If the High Court Signature Not Verified had found fault with the order passed by the Tribunal, the High Digitally signed by Parveen Kumar Chawla Date: 2014.08.04 18:21:22 IST Reason: Court should have recorded its reasons and set aside the order of the Tribunal by passing an appropriate order in accordance with 2 law.
In view of the above, the impugned order passed by the High Court is hereby set aside and the matter is remanded to the High Court for re-determination of the controversy on merits, in accordance with law.
The appeals are disposed of in the above terms.
.........................J. [JAGDISH SINGH KHEHAR] NEW DELHI; .........................J. AUGUST 04, 2014. [R.K. AGRAWAL] 3 ITEM NO.5 COURT NO.7 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1412-1413/2013 (Arising out of impugned final judgment and order dated 03/04/2012 in OP No. 82/2012,03/04/2012 in OP No. 925/2012 passed by the High Court Of Kerala At Ernakulam) C.GIRIJA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (with prayer for interim relief and office report) Date : 04/08/2014 These petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON’BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Amit Sharma ,Adv.
Mr. Dipesh Sinha, Adv.
For Respondent(s) Mr. P.S. Patwalia, ASG
Mr. Chiranjiv Kumar, Adv.
Mr. Guarav Sharma, Adv.
for Mr. Shreekant N. Terdal,AOR(NP)
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(Parveen Kr. Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar [signed order is placed on the file]