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1988 DIGILAW 56 (SC)

Satish Mohanlal Jariwala v. National Textile Corporation

1988-01-19

A.P.SEN, E.S.VENKATARAMIAH, L.M.SHARMA

body1988
ORDER : A P. Sen, J. 1. Special leave granted. 2. We are satisfied upon hearing learned counsel for the parties that the High Court was clearly in error in holding that the questions of mala fides, which is an important aspect of Administrative Law cannot be gone into in the writ petition because it involved disputed questions of fact. The petitioner had averred certain act of facts. The question whether the impugned order of termination was vitiated by mala fides was a matter of inference to be drawn from the facts alleged. In view of this, we set aside the order of the Division Bench upholding the judgment of the learned Single Judge dismissing the writ petition, and remit the writ petition to the learned Single Judge for a decision afresh after notice to the parties. 3. The appeal is disposed of accordingly. No costs. We hope and trust that the High Court will endeavour to dispose of the writ petition as expeditiously as possible.