Supreme Court Upholds: Division Bench Ruling Cannot Be Skipped for Appeals Against Single-Judge Verdicts

The Supreme Court on Monday criticized a party for bypassing the division bench of the Orissa High Court and directly challenging a single-judge’s judgment in the apex court. The case involved the Registrar of the Orissa University of Agriculture and Technology, which appealed a 2023 order directing the regularization of Class IV employees.

Justices PV Sanjay Kumar and Augustine George Masih emphasized the importance of following procedural protocols, stating, “We cannot allow such procedural bypass. If we allow it in your case, we would have to allow it everywhere.” This appeal stemmed from a 2021 directive by a single-judge to regularize the employees’ services, which the appellants initially challenged before a division bench. The division bench remanded the matter for fresh consideration, leading to the May 3, 2023, ruling against the appellants.

Instead of appealing to the division bench, the appellants approached the Supreme Court. Earlier, Justices PS Narasimha and Aravind Kumar had issued a notice on the appeal and stayed contempt proceedings against the appellants for not regularizing the employees’ services.

During Monday’s hearing, the Supreme Court expressed its inclination to dismiss the appeal, questioning the bypassing of the division bench. Despite the appellants’ counsel arguing that notice had been issued by another bench, Justice Kumar reiterated the necessity of following proper procedures. The Court listed the matter for July and extended interim protection to the appellants until the next hearing.

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