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november 2005

Supreme Court of India · 2005-11-18

Shiv Kumar Sharma vs D.G.M., Central Bank Of India And Ors

Court
Supreme Court of India
Petitioner
Shiv Kumar Sharma
Respondent
D.G.M., Central Bank Of India And Ors
Author
Arun Kumar
Bench
Arun Kumar, G.P. Mathur

Judgment text excerpt

The Supreme Court held that the availability of an alternative remedy is not an absolute bar to the exercise of jurisdiction under Article 226 of the Constitution, particularly when a significant amount of time has elapsed since the action taken against the appellant. The Court found that the dismissal of the appellant's Writ Petition by the High Court on the grounds of alternative remedy was inappropriate given the circumstances, and thus remanded the matter for a decision on the merits. The impugned order of the High Court was set aside, directing it to dispose of the Writ Petition accordingly.

Shiv Kumar Sharma vs D.G.M., Central Bank Of India And Ors · Niyam