VidhiSangh

Supreme Court of India · 16/08/2022

STATE BANK OF INDIA AND ANOTHER versus AJAY KUMAR SOOD

[2022] 17 S.C.R. 507 · 2022 INSC 833

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A bank employee dismissed after a disciplinary enquiry challenged the dismissal before the Central Government Industrial Tribunal. The Tribunal found one charge of misconduct proved but substituted compulsory retirement for dismissal. The Himachal Pradesh High Court affirmed the award in a judgment whose language was incomprehensible. The Court set it aside and remitted the writ petitions for fresh consideration, keeping all contentions on merits open and asking for expedited disposal. It also laid down guidance on judgment writing. A judgment must be lucid and intelligible to the litigants and must convey its reasoning. Judgments should be clearly structured, using issue, rule, application and conclusion. Published judgments should be accessible, including to persons with visual disability, digitally signed and not scanned or watermarked.

Issues

  1. Whether a High Court judgment couched in incomprehensible language could be sustained, or must be set aside and the matter remitted.
  2. What standards of clarity, structure and accessibility judgments should meet.

Held

Result

Appeal allowed. The High Court's judgment is set aside and the writ petitions are restored for fresh consideration with all contentions on merits kept open; the High Court is requested to expedite disposal.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 507.