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july 2009

Supreme Court of India · 2009-07-14

STATE OF WEST BENGAL vs SAMAR KUMAR SARKAR

Citation / case number
SC 2008/24834
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
SAMAR KUMAR SARKAR
Author
H.L. Dattu

Judgment text excerpt

The Supreme Court addressed the power of the High Court under Article 227 of the Constitution to transfer an application filed under Section 19 of the Administrative Tribunal Act, 1985, to itself for consideration. The Court held that when an Administrative Tribunal fails to perform its duty, the High Court can exercise its superintending power to ensure justice is served. The Court emphasized that the High Court should not remain passive when the Tribunal neglects its responsibilities, thereby allowing the High Court to intervene in such cases.

STATE OF WEST BENGAL vs SAMAR KUMAR SARKAR · Niyam