Remand on Single Issue Improper – HC Must Consider All Grounds | SC

Case Details: Hemlata Eknath Pise vs. Shubham Bahu-uddeshiya Sanstha Waddhamna [2026] 183 taxmann.com 399 (SC)

Judiciary and Counsel Details

• Dipankar Datta & Satish Chandra Sharma, JJ.
• Amol B. Karande, AOR, B Lakshmi Pallesh, Ms Akshda, Ashutosh Shrivastava and Manoj Ramkrushna Shete, Advs. for the Appellant.
• Satyajit A. Desai, Sachin Patil, Parth Johri, Sachin Singh, Pratik Kumar Singh, Shashank Upadhyay, Madhur Duggal, Sanchit Agrahari, Narendar Rao Taneer, Ms M. Harshini, Naman Tandon, Siddharth Dharmadhikari, Shrirang B. Varma, Advs., Ms Anagha S. Desai, Sravan Kumar Karanam and Aaditya Aniruddha Pande, AORs for the Respondent.

Facts of the Case

In the instant case, the appellant was dismissed from service by the first respondent-employer. The Tribunal set aside the dismissal and directed reinstatement with consequential benefits. The First respondent filed a writ petition before the High Court challenging the Tribunal’s order.

The High Court allowed the writ petition, quashed the Tribunal’s order, and remanded the matter to the Tribunal for fresh consideration only on the point that the Tribunal had not examined all records, particularly the resolution authorising the Secretary to initiate proceedings against the appellant.

The appellant sought review before the High Court, contending that the disciplinary inquiry suffered from a gross breach of natural justice, including the denial of the opportunity to complete cross-examination of the main management witness and other witnesses, and asserting that the Tribunal had found the charges not proved.

The High Court dismissed the review petition. Thereafter, an appeal was made before the Supreme Court.

Supreme Court Held

The Supreme Court held that the High Court erred in remanding the matter to the Tribunal based on only a single point without addressing other issues arising in the case, thereby vitiating its order. Accordingly, impugned orders were to be set aside, and the writ petition was to be remanded to the High Court for fresh consideration in light of the claims and defences of the parties.

List of Cases Reviewed

• Order of High Court of Judicature at Bombay, Nagpur bench, in Writ Petition No.5899 of 2019 dated 05-09-2024 (para 10) set aside