Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 777 (SC)

DHARAM BIR SINGH v. MANSI SAHAKARI AVAS SAMITI LTD.

2005-04-11

D.M.DHARMADHIKARI, Y.K.SABHARWAL

body2005
ORDER 1. Exemption allowed. 2. Delay Condoned. 3. Application for permission to place additional facts and grounds on record is allowed. 4. On 11.10.2004, limited notice was issued on the question of clarifying the impugned judgment not having any effect on the decision in Civil Suit No. 1397 of 2003. 5. The Writ petition challenging the removal of the petitioner as honorary Secretary has been dismissed by the High Court by the impugned order dated 18-11-2003. One of the contentions urged before the High Court was that the order dated 2-11-2003, terminating the petitioner casts a stigma on him. The High Court, while dismissing the writ petition, has not gone into this question as to whether the said order is stigmatic or not but has held that the petitioner has no right to the post, being an honorary appointment. In fact, a suit, being Civil Suit No. 1397 of 2003, is admittedly pending in the civil court where declaration about the invalidity of the order of termination has been sought. We clarify that the observations made by the High Court, in the impugned order, would not affect the merits of the said suit inasmuch as the question as to whether the termination is stigmatic or not, having not been gone into by the High Court, would be decided in the civil suit on merits and in accordance with law, if the suit is otherwise competent. It would be open to the respondent to take such legal pleas, as may be permissible, including the plea of maintainability of the suit. 6. With these observations, the special leave petition is disposed of. Court Masters