Supreme Court of India · 1967-02-07
STATE OF ORISSA vs DR. (MISS) BINAPANI DEI & ORS.
- Citation / case number
- SC 1965/206
- Court
- Supreme Court of India
- Petitioner
- STATE OF ORISSA
- Respondent
- DR. (MISS) BINAPANI DEI & ORS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Article 226 of the Constitution, the High Court is not barred from determining disputed questions of fact in a writ petition. The Court emphasized that even administrative orders with civil consequences must adhere to the principles of natural justice, requiring that the affected individual be informed of the case against them and given a fair opportunity to respond. In this case, the failure to disclose the enquiry report and provide an opportunity to contest the evidence led to the conclusion that the High Court was justified in setting aside the State's order of compulsory retirement.