ANUBHAV KUMAR CHOUDHARY & ORS. Vs. UNION OF INDIA & ORS.
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 2405 of 2016, Judgment Date: Feb 29, 2016
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2405 OF 2016
(ARISING OUT OF SLP(C) NO. 6342/2016)
(@ SLP(c)…..CC 3551/2016)
Anubhav Kumar Choudhary & Ors. Appellant(s)
VERSUS
Union of India & Ors. Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1) Delay in filing special leave petition is condoned. Leave granted.
2) This appeal is filed against the final judgment and order dated
08.04.2015 of the High Court of Judicature at Patna in CWJC No. 5402 of
2015 whereby the High Court while disposing of the appellant’s writ
petition granted liberty to file representation to the National Thermal
Power Corporation (NTPC) but at the same time passed an order that the
appellants will have no liberty to move the High Court again for the same
cause of action raised therein.
3) We have heard learned counsel for the appellant and have perused the
record of the case.
4) Having heard learned counsel for the appellant, we are inclined to
dispose of this appeal after granting leave at the admission stage itself
as we are of the view that the same can be disposed of without notice to
the other side.
5) In the light of the order that we have passed, it is neither
necessary to set out the facts of the case in detail and as mentioned above
nor necessary to issue notice of this appeal to the other side.
6) The impugned order passed by the High Court reads as under:
“After some arguments, learned counsel for the petitioners seeks
permission to withdraw this application in order to enable the petitioners
to file representation before the competent authority of the National
Thermal Power Corporation (NTPC). While this Court would accord such leave
to the petitioner but it is made clear that the petitioners will have now
no liberty to move this Court again for the same cause of action raised
herein.”
7) The only grievance of learned counsel for the appellant is that the
High Court having rightly granted liberty to the appellant to file the
representation for ventilating his grievance before the NTPC erred in
taking away his right to prosecute his grievance, if occasion arises in
future depending upon the outcome of his representation. It is his
submission that the appellant has every right to take recourse to all legal
remedies as are available to him in law in the event any adverse order is
passed on his representation or when no orders are passed on his
representation once made. We find force in this submission.
8) In our considered view, the High Court having rightly granted
indulgence to the appellant to file the representation to the NTPC for
ventilating his grievance, should have also granted liberty to the
appellant to take recourse to all legal remedies to challenge the decision
once taken on his representation, if occasion so arises.
9) A right to prosecute the legal remedy in the court of law to
challenge any decision of the State or/and its agency is a valuable legal
right of the citizen and the High Court could not take away such right from
the appellant without assigning any reason. There is apparently no
justifiable reason to deny the appellant from taking recourse to the legal
remedies to prosecute his grievance in a Court of law in relation to the
dispute, which is the subject matter of the representation in case if
occasion arises in future.
10) In the light of foregoing discussion, we allow the appeal in part and
set aside that part of the impugned order, which deprives the appellant to
move to the Court again in the event his representation is decided against
him by the NTPC.
11) We, therefore, grant the appellant further liberty to take recourse
to all legal remedies, as may be available to him in law, by approaching
appropriate Court to ventilate his grievance, if occasion arises, in
relation to the dispute for which he is granted liberty by the High Court
to file the representation.,
.……...................................J.
[J. CHELAMESWAR]
………..................................J.
[ABHAY MANOHAR SAPRE]
New Delhi,
February 29, 2016.
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