ALOK KUMAR Vs. CHAIRMAN, SIDCUL ENQUIRY COMMISSION

JUDGEMENT

(1.) In this group of petitions, the petitioners have questioned the validity and legality of the notice issued under Section 8-B of the Commissions of Inquiry Act, 1952 (hereinafter referred to as 'the Act') by the SIDCUL Enquiry Commission and accordingly, the same are being decided together. For facility, the facts of Writ Petition No. 1205 (M/S) of 2010 is being taken into consideration. It transpires that the State of Uttarakhand issued a notification dated 28th May, 2007 under Section 3 of the Commissions of Inquiry Act, 1952, appointing a Commission of Inquiry for the purpose of making an enquiry into any definite matter of public importance. The terms of the reference of enquiry is as under:

(2.) And Whereas the Commission had, by notification published in several English and Hindi newspapers on July 18 and 19, 2007, issued a public notice that any persons and institutions having knowledge about the aforesaid issues and wishing to provide the same for assisting in the enquiry by the Commission may furnish to the Commission their written statements by post or in person on any working day not later than August 24, 2007 at the Commission's office in Dehradun. While issuing this public notice in terms of Rule 5 of the Commissions of Enquiry Rules, 1972, it had been indicated therein that the provisions of Rule 5(3) and (4) shall be applicable.

(3.) And Whereas several persons filed their statements and also appeared before the Commission and had their oral statements recorded;