HC cannot grant relief in fodder scam: SC

The remains of fodder scam still keeps tumbling out as the Supreme Court has reprimanded the Jharkhand High Court for exercising powers...

The remains of fodder scam still keeps tumbling out as the Supreme Court has reprimanded the Jharkhand High Court for exercising powers, alike the apex court, while granting relief to a few employees of the state Government, who were dismissed following the scam.

Expressing its annoyance over a judgment of the Jharkhand High Court wherein the state Government was directed to re-consider some dismissed employees8217; applications for fresh appointments, the apex court noted that the High Court ignored its earlier ruling in which it had put a restriction on giving relief under Article 142 of the Constitution. As per the said provision, the apex court is vested with powers to pass orders for doing complete justice in any cause.

8220;Although the power of judicial review has been conferred on the High Courts, it has not been given any special jurisdiction as has been done on the Supreme Court in terms of Article 142 of the Constitution of India,8221; observed a Bench comprising Justices S B Sinha and V S Sirpurkar.

Recalling the previous decision, the Bench noted that the relief under Article 142 was given on the plea of a dismissed employee 8212; Abhay Kumar 8212; and few others who said that since they had worked with the animal husbandry department between 1992 and 1997, they should be given preference at the time of fresh appointments.

While accepting the plea of Abhay Kumar, the apex court on March 10, 2006 had made it clear that its order was only a one-time exercise and it shall not be treated as a precedent.

However, the Jharkhand High Court on June 30, 2006, passed an order in favour of another dismissed employee Bijay Kumar and others who had cited the apex court8217;s decision in the Abhay Kumar case as a precedent. 8220;The right to be selected cannot continue indefinitely as Bijay Kumar and others were not parties in the Abhay Kumar case,8221; the Bench said agreeing with the state Government8217;s plea.

8220;If a third order can be issued, others who are waiting on the fence may be entitled to file a fourth application. The process thus would go on unendingly,8221; it observed.