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.