ANUBHAV KUMAR CHOUDHARY Vs UNION OF INDIA .
Bench: J. CHELAMESWAR,ABHAY MANOHAR SAPRE
Case number: C.A. No.-002405-002405 / 2016
Diary number: 42932 / 2015
Advocates: MANU SHANKER MISHRA Vs
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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
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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.
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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
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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.
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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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