Legal Provisions Involved: Article 226 of the Constitution of India (writ jurisdiction).

Judgment by: Supreme Court of India.

Judge/Bench: Justice Dipankar Datta and Justice Satish Chandra Sharma.

Facts

The appellant, Hemlata Eknath Pise, was removed from service by her employer. The School Tribunal set aside her dismissal and ordered reinstatement with benefits. The management challenged this before the Bombay High Court. The High Court sent the matter back to the Tribunal, but it decided the case only on one issue which is whether the Secretary had the authority to issue the charge sheet and did not examine other important grounds raised in the writ petition.

Key Legal Provisions

Article 226 of Indian Constitution 

Issues Raised

Whether the High Court was right in deciding the case on a single point while ignoring other serious issues like violation of natural justice.

Arguments of the case

The employee argued that the inquiry was unfair and she was not given a proper chance to defend herself. The management supported the High Court’s decision.

Judgment

The Supreme Court held that the High Court committed a fundamental error by deciding the case on only one point and ignoring other important issues. It said that High Courts must deal with all relevant questions raised in a writ petition. The matter was set aside accordingly.

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