SURENDRA PRATAP SINGH Vs. VISHWARAJ SINGH

JUDGEMENT

(1.) I.R. and IA No. 88721/2020-CONDONATION OF DELAY IN FILING We have perused the affidavit filed on behalf of the High Court. What emerges is something which we cannot countenance. It is stated that the operative portion of the order was dictated in Court on 6/11/2019 but the final order was dictated only on 15/3/2020 i.e. after 4 months Since there were many orders pending, it is stated to have been typed out and corrected on 15/4/2020.

(2.) This Court has repeatedly frowned upon the aspect of the oral orders being passed as there is a further remedy available to the affected parties. It is as far back as in State of Punjab and Ors. v. Jagdev Singh Talwandi - (1984) 1 SCC 596 that the Constitution Bench of this Court has drawn the attention of the High Courts to serious difficulties which are caused on account of a practice which were increasingly being adopted by several High Courts, that of pronouncing the final order without a reasoned judgment.

(3.) We have recently culled out the law on this issue in Balaji Baliram Mupade and Anr. v. State of Maharashtra and Ors. - 2020 SCC Online SC 893 decided on 29/10/2020. We have inter alia observed that even if such oral orders were to be pronounced, it was expected that they are either dictated in Court or at least must follow immediately thereafter to facilitate the aggrieved party to seek redressal from the higher Court.