Remanded

State of Rajasthan v. Kaushlesh Pandey S/O Shri Chaturbhuj Prasad Pandey

Rajasthan HC18 May 2022SAW/757/2021

Case brief

AI extract

What is this about?

Special Appeal against interim orders and an order dismissing an Article 226(3) application. The High Court allowed the appeal, setting aside the lower court order and remitting the matter to the Single Judge to decide the application afresh on merits.

What did the court decide?

Order dated 15.3.2021 of the learned Single Judge dismissing the Article 226(3) application is set aside; matter remitted to Single Judge to decide afresh on merits.

State of Rajasthan Vs Kaushlesh Pandey S/O Shri… — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Special Appeal (Writ) No. 757/2021

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State Of Rajasthan, Through The Secretary, Department Of Medical And Health Services, Government Secretariat, Jaipur.

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Director, Medical And Health Service, Swastha Bhawan, C- Scheme, Jaipur (Raj.)

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Principal And Controller, Sms Medical College, Jaipur (Raj.)

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Medical Superintendent, Sms Hospital, Jaipur (Raj.)

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----Appellants

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Versus

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Kaushlesh Pandey S/o Shri Chaturbhuj Prasad Pandey, Aged About 29 Years, Resident Of Barpada Mohalla, Bhusawar, District Bharatpur (Raj.)

¶10

----Respondent

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For Appellant(s) : Mr. Harshal Tholia, Adv. for Dr. V. B. Sharma, AAG For Respondent(s) : Mr. Rajendra Prasad Gautam, Adv.

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HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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18/05/2022

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This appeal has been filed by the appellants against interim orders dated 06.10.2020, 21.01.2021, 30.01.2021 and 15.03.2021 passed by learned Single Judge.

¶16

Learned counsel appearing on behalf of the appellants submits that on 6.10.2020, the learned Single Judge passed exparte interim order in favour of the respondent. Subsequently the appellants filed an application under Article 226(3) of the Constitution of India, but the same has not been decided on

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(2 of 3)

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[SAW-757/2021]

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merits by learned Single Judge and without assigning any reason, the same has been dismissed by the learned Single Judge vide order dated 15.3.2021, in terms of the order dated 21.01.2021 vide which the Superintendent, SMS, Medical College, Jaipur was asked to be present in the court to explain as to why the Court's order was not implemented, and the order dated 30.01.2021, on which date an assurance was given by Superintendent, SMS, Medical College, Jaipur to the effect that the court’s order shall be complied with.

¶20

He has prayed that the matter may be remitted to the learned Single Judge to decide the application under Article 226(3) of the Constitution of India afresh on merits, without being influenced by his earlier order dated 06.10.2020, 21.1.2021 and 30.1.2021.

¶21

Learned counsel for the respondent has not oppose the same.

¶22

Taking into consideration the facts and circumstances of the case as also the no objection of counsel for the respondent in remitting the matter to the learned Single Judge to decide the application under Article 226 (3) of the Constitution of India afresh, as the said application has not been dismissed on merits, but has been dismissed without assigning any reason and more particularly in view of the fact that interim order dated 06.10.2020 was passed ex-parte and writ petition is still pending adjudication before the learned Single Judge, the order dated 15.3.2021 passed by learned Single Judge, whereby the application under Article 226(3) of the Constitution of India has been dismissed, is set aside and the matter is remitted to the learned Single Judge to decide the application under Article 226(3) of the Constitution of

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(3 of 3)

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[SAW-757/2021]

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India filed by the appellants afresh, on merits, without being influenced by his earlier orders dated 21.1.2021 and 30.1.2021, after hearing both the parties, in accordance with law.

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Appeal stands disposed of, accordingly.

¶27

Consequent upon the disposal of the appeal, stay application also stands disposed of accordingly.

¶28

(SAMEER JAIN),J

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(PRAKASH GUPTA),J

¶30

DK/Pooja/15

State of Rajasthan v. Kaushlesh Pandey S/O Shri Chaturbhuj Prasad Pandey

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Kaushlesh Pandey S/O Shri Chaturbhuj Prasad Pandey

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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