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AIR 2000 SUPREME COURT 594
::2000 AIR SCW 19
Supreme Court Of India
Hon'ble Judge(s):
S. P. Bharucha,
R. C. Lahoti,
N. Santosh Hegde
, JJJ
(A) Precedents - Form foundation of administration of justice in our judicial system - Precedent law must be followed - Coordinate bench of Administrative Tribunal overruling earlier judgment of another coordinate bench even though it was affirmed by Supreme Court - Supreme Court expressed serious dissatisfaction. Precedents which enunciate rules of law form the foundation of administration of justice under our system. This is a fundamental principle which every Presiding Officer of a Judicial Forum ought to know, for consistency in interpretation of law alone can lead to public confidence in our judicial system. Supreme Court has laid down time and again precedent law must be followed by all concerned; deviation from the same should be only on a procedure known to law. A subordinate Court is bound by the enunciation of law made by the superior Courts. A coordinate Bench of a Court cannot pronounce judgment contrary to declaration of law made by another Bench. It can only refer it to a larger Bench if it disagrees with the earlier pronouncement.(Para 12) The Supreme Court expressed serious dissatisfaction over the attitude of the tribunal in this case which, after noticing the earlier judgment of a coordinate Bench and after noticing the judgment of the Supreme Court, has still thought it fit to proceed to take a view totally c....
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