Petitioner sought disposal based on a prior order by this court dated 08.12.2016. Finding the matter squarely covered, the court disposed of the writ petition; reasoning and directions of the prior order were to apply mutatis mutandis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.Civil Writ Petition No. 16950 / 2016
Rajasthan Shiksha Karmi Board, Through Its Secretary,, Shiksha Sankul Premises, Vth Floor, Vth Block, J.L.N. Marg, Jaipur
----Petitioner
Versus
Assistant Provident Fund Commissioner,, Sub-Regional Office, Bhavishya Nidhi Bhawan, Vigyan Nagar, Kota
----Respondent
For Petitioner(s) : Mr. Lokendra Singh Shekhawat For Respondent(s) : Mr. R.B. Mathur
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Order
23/01/2017
Learned counsel for petitioner submits that this matter is squarely covered by order of this court dated 08.12.2016 passed at Principal Seat, Jodhpur, in two writ petitions leading one being S.B. Civil Writ Petition No.2129/2016 – Rajasthan Shiksha Karmi Board Vs. Assistant Provident Fund Commissioner, whereby this court disposed off the writ petitions in the following terms:-
“Perusal of the impugned order dated 4.11.2015 shows that the Tribunal has dismissed the appeal of the petitioner on the ground that they have filed appeal against the recovery notice, whereas the appeal could have been filed against the assessment order. The Assessing Officer is therefore directed to supply the copy of the assessment order to the petitioner on its approaching them within a fortnight by appropriate application along with copy of this order. The appeal if filed within one month thereafter, shall
(2 of 2)
[CW-16950/2016]
be entertained and decided by the Tribunal on merits and shall not be dismissed on the ground of delay.”
In view of the above, this matter stands covered by the order of this court dated 08.12.2016. The writ petition accordingly stands disposed. The reasoning and direction issued therein shall mutatis mutandis apply to the present case. Stay application no.15099/2016 also stands disposed off.
(MOHAMMAD RAFIQ)J.
//Jaiman//124
Rajasthan Shiksha Karmi Board
Assistant Provident Fund Commissioner
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
