STATE OF M.P. Vs. SOHAN JOSHI

JUDGEMENT

(1.) This appeal under Section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 takes exception to order dated 06.02.2019 passed in Writ Petition No.20323/2018.

(2.) That a Division Bench of this Court in the case of Prajesh Shrivastava vs. State of M.P. & ors. [Writ Appeal No.373/2015 decided on 10.05.2016] had an occasion to examine the scope of Clause 4.1 wherein it was held :

(3.) As regard to first reason that a member of the deceased's family was already in employment, learned Single Judge observed that earlier in Writ Petition No.18273/2011 decided on 18.07.2012 since there was a direction to consider the claim of the petitioner by ignoring the fact relating to the employment of eldest brother in State of Chhattisgarh. And the order being affirmed in Writ Appeal 116/2012, it was beyond the jurisdiction of the Authorities to have rejected the representation on said ground.