Nature of grievance

Where the Court / Tribunal / Quasi judicial body / administrative authority discharging judicial function, have passed an Order without following the procedure / or in breach of the procedure established under the law; or have passed an Order without affording opportunity of hearing, or opportunity of hearing contemplated under the law;

Writ jurisdiction under Article 226 of the Constitution, including powers of superintendence of High Courts recognized under Article 227 of the Constitution, may be invoked in such cases.

There had always been confusion amongst the lawyers as whilst challenging the Orders passed by Civil Courts, Criminal Courts, Tribunals and quasi Judicial bodies, whether Writ jurisdiction is to be invoked under Article 226 or Supervisory jurisdiction of High Court under Article 227 is to be invoked. The judgment of Apex court in the case of Radhey Shyam Versus Chhabi Nath [2015] appears to have settled this controversy. The essence of the judgment is, all Orders passed by Civil and Criminal Courts may only be challenged under Art.227 of the Constitution and not under Article 226. And, all Orders passed by Tribunals or by any other Quasi judicial bodies may be challenged under Article 226, or preferably may be under Revisional Jurisdiction of High Courts under Section 115 of CPC, 1908