Non-Communicated File Notings II

Posted on by Rudrajyoti Nath Ray

Union of India v. Avtar Singh, (1984) 3 SCC 589 held, a letter does not record a decision of Central Government under Section 33 of The Displaced Persons (Compensation and Rehabilitation) Act, 1954 so as to be a decision by Central Government.

State of Orissa v. Mesco Steels Limited, (2013) 4 SCC 340 held, High Court was in error, in proceeding on an assumption: final decision had been taken, and in quashing what was no more than an inter-departmental communication constituting at best a step in process of taking a final decision by Government.

State of Uttaranchal v. Sunil Kumar Vaish, (2011) 8 SCC 670 held, a noting recorded in file is merely a noting simpliciter and nothing more. It merely represents expression of opinion by a particular individual. By no stretch of imagination, such noting can be treated as a decision of Government.

– Hon’ble Justice Hemant Gupta, Muncipal Committee, Barwala, District Hisar, Haryana v. Jai Narayan, [Civil Appeal No. 2222 of 2022].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.