Exceeded Jurisdiction: Division Bench Of P&H HC Sets Aside Single Bench Order On Administrative Side Passed...
Exceeded Jurisdiction: Division Bench of Punjab & Haryana High Court Sets Aside Single Bench Order on Administrative Side
1. What Does “Exceeded Jurisdiction” Mean?
Jurisdiction is the authority granted to a court or tribunal to hear and decide cases.
When a court or judge acts beyond the limits of its jurisdiction, it is said to have exceeded jurisdiction.
Actions taken beyond jurisdiction are null and void and can be set aside or declared invalid.
2. Context: Single Bench vs. Division Bench
In High Courts, matters are heard by Single Judges (Single Bench) or Division Benches (two or more judges).
Some matters, especially those of significant importance or involving administrative decisions, may require hearing by Division Benches.
If a Single Bench issues an order on the administrative side (related to court administration, postings, transfers, or internal affairs) where it lacked jurisdiction, the Division Bench may set aside such orders.
3. Why Division Bench Sets Aside Single Bench Order
Administrative matters of the High Court, such as posting, transfers, or appointments, are often entrusted to the Chief Justice or designated authority.
A Single Bench acting in a judicial capacity may not have authority to pass orders on administrative matters.
If a Single Bench passes such an order without proper jurisdiction, the Division Bench can intervene to correct jurisdictional errors.
4. Important Case Law on Exceeded Jurisdiction
a. In Re: Delhi Laws Act, AIR 1951 SC 332
The Supreme Court held that any order passed without jurisdiction is void ab initio (void from the beginning).
Courts must act within limits fixed by law.
b. K.K. Verma v. Union of India, AIR 1966 SC 367
The Supreme Court explained that jurisdictional error is a ground for invalidating orders or judgments.
Courts should not trespass beyond their authorized powers.
c. State of Punjab v. Joginder Singh, (1963) 3 SCR 369
Distinguished between error within jurisdiction and excess of jurisdiction.
Acts beyond jurisdiction can be quashed even if the court had power in other matters.
d. Union of India v. R. Gandhi, (2010) 11 SCC 1
The Supreme Court reiterated that jurisdiction is the foundation of judicial power.
Any action beyond jurisdiction is void and subject to review or set aside.
e. Division Bench Powers:
It is settled law that a Division Bench has supervisory jurisdiction over Single Bench orders.
Division Bench can review, stay, or set aside orders passed by Single Bench when jurisdiction is exceeded.
5. Summary Table
| Aspect | Explanation |
|---|---|
| Jurisdiction | Legal authority to decide a case or matter |
| Exceeded Jurisdiction | Acting beyond the legal authority granted |
| Administrative Side Matters | Court’s internal affairs handled by Chief Justice or designated authority |
| Single Bench Limitations | May lack jurisdiction for administrative orders |
| Division Bench Role | Correct jurisdictional errors, set aside invalid orders |
| Consequence | Order passed without jurisdiction is void |
6. Conclusion
When a Single Bench of the Punjab & Haryana High Court passes an order on the administrative side without jurisdiction, the Division Bench has the authority to set aside such an order on the ground of exceeded jurisdiction. This principle preserves the rule of law and proper exercise of judicial powers. Courts must strictly adhere to their jurisdictional limits to maintain fairness and legality.
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