Supreme Court of India · 2009-02-16
Diwakar Prakash Mishra vs Shree Kant Mishra & Ors
- Citation / case number
- AIRONLINE 2009 SC 187
- Court
- Supreme Court of India
- Petitioner
- Diwakar Prakash Mishra
- Respondent
- Shree Kant Mishra & Ors
- Bench
- H.L.Dattu, Tarun Chatterjee
Judgment text excerpt
The Supreme Court allowed the appeal against the Allahabad High Court's order which dismissed the writ petition as infructuous due to the appellant's retirement as an ad hoc principal. The Court held that the High Court should have decided the appeal on merits rather than dismissing it on procedural grounds. The Court restored the special appeal for a decision on merits, directing the High Court to resolve it within three months and to provide a reasoned order.