Service and constitutional
Service and writ matters, by your facts.
Describe the order, the enquiry or the alternative remedy. Get the paragraphs that fit, with the Court's own words.
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Your facts, in your words
Writ petition under Article 226, alternative remedy available, maintainability
Find matching judgments
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Strong match
Ravikumar Dhansukhlal Maheta v. High Court of Gujarat
Supreme Court · [2024] 5 S.C.R. 1074
Strong match
State of Rajasthan v. Lord Northbook
Supreme Court · [2019] 11 S.C.R. 844
Strong match
M/s Godrej Sara Lee Ltd v. The Excise and Taxation Officer
Supreme Court · [2023] 3 S.C.R. 871
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Ravikumar Dhansukhlal Maheta v. High Court of Gujarat[2024] 5 S.C.R. 1074
From the aforesaid, it is clear that the availability of an alternative remedy does not in any manner affect the maintainability of the writ petition under Article 32 of the Constitution.
Para 40 Open in the original PDF
Articles that come up most.
Type an article on the Sections page, or mention it in your description.
| Article | What it's about |
|---|---|
| Article 14 | Equality before the law |
| Article 16 | Equal opportunity in public employment |
| Article 21 | Life and personal liberty |
| Article 32 | Writ petitions in the Supreme Court |
| Article 226 | Writ petitions in the High Courts |
| Article 311 | Dismissal or removal of civil servants |
Try one of these.
Real descriptions you can paste into Misaal, then change to fit your matter.
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Government employee dismissed from service without departmental enquiry, Article 311(2)(b)
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Writ petition under Article 226, alternative remedy available, maintainability
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Selection cancelled after appointment letter, no hearing given, Articles 14 and 16
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Pension withheld after retirement because a departmental enquiry is pending
What the courts said, word for word.
Real paragraphs from the judgments, with their citations. Open any of them to read the judgment.
From the aforesaid, it is clear that the availability of an alternative remedy does not in any manner affect the maintainability of the writ petition under Article 32 of the Constitution.
In deciding the question of maintainability of a writ petition in view of existence of alternative remedy, this Court cannot forget that the power to issue prerogative writs under Article 226 of the Constitution of India is plenary in nature.
Any limitation on the exercise of such power must be traceable in the Constitution itself.
Similarly, under clause (c) an enquiry to be held against the government employee could be dispensed with if it is not possible to hold such an enquiry in the interest of the security of the State.
Questions
Are constitutional articles covered on section pages?
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