Precedent – Judicial discipline – Co-ordinate Bench Decision – Not to take a contrary view but to refer matter to larger bench.

In an SLP, the petitioner primarily urged that during the course of the hearing before the Division Bench at Lucknow, it was brought to their notice of the judgement passed by the co-ordinate Division Bench at Allahabad in similar matter and was urged that the same was a binding precedent. But, the Bench hearing the writ petition declared the said decision as not binding and per incuriam as it had not correctly interpreted, appreciated and applied the ratio laid down in M. Nagraj AIR 2007 SC 71.

The Hon’ble Supreme Court observed that the division bench at Lucknow had erroneously treated the verdict of Allahabad bench not to be a binding precedent on the foundation that the principles laid down by the Constitution Bench in M. Nagraj (AIR 2007 SC 71:) are not being appositely appreciated and correctly applied by the bench. When there was a reference to the said decision and a number of passages were quoted and appreciated albeit incorrectly, the same could not have been a ground to treat the decision as per incuriam or not a binding precedent. Judicial discipline commands in such a situation when there is disagreement to refer the matter to a larger bench. Instead of doing that, the division bench at Lucknow took the burden on themselves to decide the case.

The Hon’ble Court observed that, when Judges are confronted with the decision of a co-ordinate bench on the same issue, any contrary attitude, however adventurous and glorious may be, would lead to uncertainty and inconsistency. There are two decisions by two Division Benches from the same High Court. The Court expressed their concern about the deviation from the judicial decorum and discipline by both the benches and expected that in future, they shall be appositely guided by the conceptual eventuality of such discipline as laid down by the Apex Court from time to time. It also observed that judicial enthusiasm should not obliterate the profound responsibility that was expected from the Judges.