Supreme Court of India · 2009-07-14
State Of West Bengal & Ors vs Samar Kumar Sarkar
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal & Ors
- Respondent
- Samar Kumar Sarkar
- Author
- H.L. Dattu
- Bench
- H.L. Dattu, Tarun Chatterjee
Judgment text excerpt
The Supreme Court addressed the power of the High Court under Article 227 of the Constitution of India to transfer cases from the Administrative Tribunal, specifically under Section 19 of the Administrative Tribunal Act, 1985. The Court held that when a Tribunal fails to perform its duty, the High Court can intervene to ensure justice is served, as established in L. Chandra Kumar vs. Union of India, AIR 1997 SC 1125. The Court affirmed the High Court's decision to take over the case due to the Tribunal's inaction, emphasizing the need for timely justice.