JAFAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition preferred under Article 226/227 of the constitution of India, the petitioner has called in question the legal validity of the order dated 25. 10. 05 whereby the learned Welfare Commissioner, bhopal Gas Victims, Bhopal, placing reliance on the decision rendered in case of Birjis Khatun Vs. Welfare Commissioner, Bhopal Gas victims, Bhopal and another 2005 (4) M. P. L. J. 51 had declined to interfere with the order passed by Additional Welfare Commissioner.

(2.) IT is submitted by Mr. O. P. Namdeo, learned counsel for the respondents that the order passed by the Welfare Commissioner cannot be found fault with inasmuch as the learned Commissioner has not noticed any illegality in the order passed by the Additional Welfare commissioner who has rejected the claim of the petitioner on the ground of delay of 17 months. .

(3.) IT is worth noting that the Dy. Welfare Commissioner has rejected the petitioner's claim on the ground of delay of 17 months in filing the appeal.