Allowed

Ashok Kumar Das v. State of Jharkhand through Its Chief Secretary

Jharkhand HC14 Jun 2019C.M.P./327/2019

Case brief

AI extract

What is this about?

In C.M.P. No.327 of 2019, the High Court of Jharkhand recalled an order dismissing a writ petition on the wrong legal ground. The court directed a fresh listing for reconsideration.

What did the court decide?

Civil Miscellaneous Petition allowed; order dated 23.04.2019 recalled; W.P.(C) No.3575 of 2017 directed to be listed on 21.06.2019 for fresh hearing.

Ashok Kumar Das Vs State of Jharkhand through Its… — Writ and Judicial Review | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.327 of 2019

¶2

¶3

Ashok Kumar Das ……… Petitioner

¶4

Versus

¶5

State of Jharkhand through its Chief Secretary, Govt. of Jharkhand

¶6

The Secretary, Office of the Lokayukt, State of Jharkhand

¶7

………. Opposite Parties

¶8

¶9

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

¶10

¶11

For the Petitioner : Mr. Mrinal Kanti Roy, Advocate For the Resp.-State : Mr. Gyan Ranjan Nath Shahdeo, A.C to G.P.-II For the Resp. No.2 : Mr. Rajesh Kumar, Advocate

¶12

¶13

04/14.06.2019 The instant C.M.P. has been filed for recall/modification of the order dated 23.04.2019 passed in W.P.(C) No.3575 of 2017, whereby and whereunder the aforesaid writ petition has been disposed of vide order dated 23.04.2019.

¶14

According to the petitioner, the sole ground taken by the petitioner in the writ petition in assailing the order dated 01.06.2017 passed in Complaint Case No.01 of 2015 on the ground of noncompliance of the provision of Section 10 of the Lokayukt Act, 2001 but the matter since was listed on the date when the writ petition was disposed of, there altogether five cases questioning the order passed by the Hon’ble Lokayukt in W.P.(C) Nos.5691 of 2017, 263 of 2019, 3575 of 2017, 5646 of 2017 and 6597 of 2018.

¶15

Some of the aforesaid cases whereof non-compliance of the provision of Section 12(3) of the Lokayukt Act, 2001 and therefore, mistake has been crept up. In view of such aspect of the matter, Civil Miscellaneous Petition has been field for recall of the aforesaid order.

¶16

Mr. Rajesh Kumar, learned counsel appearing for the respondent no.2 has fairly submitted that the ground agitated by the petitioner in the aforesaid writ petition is for non-compliance of providing an opportunity of hearing as required under the provision of Section 10 of the Lokayukt Act, 2001.

¶17

This Court after hearing the learned counsel for the parties and looking to the pleading made in the writ petition which has come

¶18

along with the record has found that the ground agitated by the petitioner is regarding non-compliance of the provision of Section 10 of the Lokayukt Act, 2001 which provides a provision that before proceeding in terms of the complaint made by the complainant the person against whom the allegation of commission of irregularities or mal-practice is alleged will have to be given copy of the complaint and opportunity of hearing.

¶19

This Court after looking to the order dated 23.04.2019 has found that the writ petition has been disposed of considering the noncompliance of Section 12(3) of the Lokayukt Act, 2001, as such there is error apparent on the face of order and as such order dated 23.04.2019 is fit to be recalled. Accordingly, recalled.

¶20

The instant Civil Miscellaneous Petition, is allowed.

¶21

In the result writ petition being W.P.(C) No.3575 of 2017 is required to be heard afresh, hence, the same is directed to be listed on 21.06.2019.

¶22

(Sujit Narayan Prasad, J.)

¶23

Rohit/-

Ashok Kumar Das v. State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Ashok Kumar Das v. State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dilmohan Singh Vs Urban Development Department

Rajesh Prasad Singh Vs Surendra Kumar Singh

International Commerce Limited Through Its Managing Director Shree Kumar Lakhotia Vs The Secretary Ministry Of Coal And Ors.

Pankaj Kumar Tiwary Vs the State of Jharkhand through Its Chief Secretary

Ms Aviral Parwati Bhagwati Minerals Alias Ms Shri Aviral Parwatey Bhagwati Minerals Vs the State of Jharkhand

Dukhmani Devi And Ors. Vs Rural Works Department