Disposed

Usha Mithal v. Home Department

Jharkhand HC2 Aug 2016WPC/5248/2014

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What is this about?

This single-judge bench disposed of a writ petition seeking compensation for the petitioner's husband killed in extremist violence. It directed the Deputy Commissioner to consider the petitioner's representation under the relevant guidelines and precedents.

What did the court decide?

Liberty to make fresh representation to the Deputy Commissioner; direction to the District Level Committee to dispose of the matter within 12 weeks.

Usha Mithal Vs Home Department — Pension and Retirement Benefits | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (C) No. 5248 of 2014

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Usha Mithal ..... Petitioner

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Versus

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State of Jharkhand.

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Secretary, Department of Home, Government of Jharkhand, Ranchi 3. Deputy Commissioner, Lohardaga.... Respondents

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH

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For the Petitioner : Ms. Shweta Singh, Adv. For the Respondents : J. C. to A.G.

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2/2.8.2016

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Heard learned counsel for the parties.

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Petitioner has sought compensation on account of death of her husband, who is alleged to have been killed in extremists violence leading to institution of an F.I.R being Lohardaga P. S. Case No. 158 of 2009 under Section 302 of Indian Penal Code read with Section 27 of Arms Act (Annexure-2). Charge-sheet has also been filed in the criminal case under the aforesaid section vide Annexure-4 dated 30th December, 2013 against certain persons. Petitioner has made representation before Deputy Commissioner also for grant of adequate compensation such as Annexure-7 dated 19th September, 2014.

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Though counter affidavit has not been filed in the matter which is pending since its institution on 26th September, 2014, as instructions have not yet been furnished to counsel for Respondent-State, but at this stage, this Court is inclined to dispose of the writ petition with a direction simplicitor upon the competent authority/respondent no. 3, Deputy Commissioner, Lohardaga to consider the petitioner's representation in accordance with law within a reasonable time.

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Counsel for the petitioner has relied upon a judgment passed by learned Division Bench of this Court (of which Aparesh Kumar Singh,J is also a party) dated 10th January, 2014 in W.P.(PIL) No. 2584 of 2011on the very subject matter relating to grant of compensation to civilian victims/family of victims of terrorists, communal and naxal violence. It is submitted that District Level Committee under the Chairmanship of

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Deputy Commissioner comprising of Superintendent of Police and other officials is constituted to examine individual cases in the light of circulars of Central Government as well as State Government on the point. Petitioner is therefore granted liberty to make fresh representation before the competent authority/respondent no. 3, Deputy Commissioner, Lohardaga duly supported with all necessary documents enclosing copy of judgment passed in the case of Gopi Nath Ghosh( Supra) within a period of 2 weeks. On receipt thereof, let the matter be considered by competent authority/District Level Committee after due scrutiny of all relevant material facts in the light of circulars, guidelines on the point and judgment referred to hereinabove within a reasonable time preferably within a period of 12 weeks from the date of receipt of a copy of this order along with representation.

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Accordingly,the writ petition is disposed of.

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( Aparesh Kumar Singh,J )

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Usha Mithal v. Home Department

Case brief

What is this about?

What did the court decide?

Usha Mithal v. Home Department

Case brief

What is this about?

What did the court decide?

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