The court set aside an impugned order passed by the Sub-Divisional Officer for being cryptic and without considering the appellate authority's order or the petitioner's medical certificate. The court directed reconsideration.
Set aside the order dated 2.6.2018. Directed the authority to reconsider the claim and pass a fresh order by 30.09.2018.
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Court No. - 2 Case :- WRIT - C No. - 29388 of 2018 Petitioner :- Arvind Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niraj Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the parties.
By way of this petition, the petitioner had succeeded before the appellate authority and the appellate authority had directed the respondents to look into the matter and pass appropriate orders. The main allegation is that pursuant to the order dated 22.3.2018, the respondent-authority was supposed to pass a judicial order/administrative quasi judicial order after considering the averments and all the aspects put forth by the petitioner. Further allegation is that the Sub-Divisional Officer, Hasanpur, Amroha has passed the order dated 2.6.2018 in a cryptic manner and is without considering the order of appellant authority.
Confronted with this order, the State has submitted that the petitioner has right to prefer appeal.
It is true that the petitioner has an alternative remedy by way of filing an appeal but looking into the peculiar circumstances that he has already filed an appeal and the same is allowed in favour of the petitioner. The order passed by the authority concerned is liable to be set aside as the order impugned does not spell out whether fresh application of mind has been made by the concerned authority pursuant to the order passed by the appellate authority on 22.3.2018. There is not a whisper whether the medical certificate has been considered by the respondent authority before passing the order.
Hence, this Court feels that though there is an alternative remedy, the petitioner should not be relegated to the same.
In view of the above, the order dated 2.6.2018, passed by Sub Divisional Officer, Hasanpur, Amroha, is hereby set aside. The authority concerned shall reconsider the claim of the petitioner and pass a fresh order in accordance with law on or before 30th September, 2018.
With these observations/directions, this petition stands disposed of.
Order Date :- 6.9.2018/LN Tripathi
2 issues framed by the court
Whether the authority passed the impugned order without applying fresh mind as directed by the appellate authority.
Whether there was consideration of the medical certificate by the respondent authority before passing the order.
Arvind Kumar
State Of U.P.
Kaushal Jayendra Thaker
As recorded by the court registry
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