Japi Bhue v. C.E.O., BSNL
Case brief
What is this about?
The Court dismissed a writ petition for certiorari, holding the imugned order did not involve manifest error or violation of natural justice, and did not entertain the prayer for service regularization.
What did the court decide?
The writ petition was disposed of without entertaining the prayer for regularization of service.
What the court decided
W.P.(C) No.1697 of 2021
02. 15.03.2021 The case is taken up through Hybrid mode.
Having heard Mr. Debi Prasad Dhalasamanta, learned counsel for the petitioner and Mr. Prakash Ranjan Barik, learned counsel for the BSNL, we are of the opinion that this case does not come within the purview of writ of certiorari jurisdiction as the order impugned has not been passed in flagrant disregard or any rules of procedure or is violative of principles of natural justice. There is no manifest error apparent on the record in the sense that the findings have not been arrived at in clear ignorance or disregard of any provision of law or refusal to any admissible evidence. It is not the case of the petitioner that the findings recorded by the learned Tribunal are based on inadmissible evidences or that the findings are based on no evidence at all.
Keeping in view the aforesaid fact and the fact that the petitioner has prayed for regularization of her service and the learned Tribunal has directed the opposite parties to consider her case, we are not inclined to entertain the writ application.
If after disposal of her representation/case for regularization the petitioner has further grievance, she may approach the learned Tribunal by filing appropriate application.
The writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
……………………. S.K. Mishra, J.
Issues for consideration
2 issues framed by the court
Whether the impugned order falls within the writ of certiorari jurisdiction.
Whether the writ application for regularization of service should be entertained.
Parties & counsel
- petitioner
Petitioner
- respondent
BSNL
Coram
S.K. Mishra
Case details
As recorded by the court registry
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