CHANDRIKA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Before the learned counsel for the petitioner argues, in detail, that the order at Annexure 12 to the memo of petition dated 18th August, 2008 has been passed without giving any opportunity of being heard to the petitioner, it is fairly submitted by the learned counsel for the respondents that let the matter be remanded to the Deputy Commissioner, Garhwa, who will take a fresh decision in accordance with law, rules, regulations, government policies and the government enforceable orders, applicable to the petitioner, after giving an adequate opportunity of being heard to the petitioner, within the stipulated time, given by this Court.

(2.) In view of the aforesaid limited submission, I hereby direct the Deputy Commissioner, Garhwa, to hear the present petitioner and pass a fresh order, in accordance with law, rules, regulations, government policies and the government enforceable orders, applicable to the petitioner, within a period of sixteen weeks from the date of receipt of a copy of the order of this Court. Initially, the petitioner will approach the Deputy Commissioner, Garhwa, on 28th May, 2010 at 11.30 a.m. and, thereafter, the said officer will call the petitioner as per his convenience, so that the matter may be decided within the aforesaid time limit. No unnecessary adjournment shall be granted to the parties by the Deputy Commissioner, Garhwa, and as the order dated 18th August, 2008 has been passed at Annexure 12 to the memo of petition, without giving any opportunity of being heard to the petitioner, the same is hereby quashed and set aside and without being influenced by the aforesaid order at Annexure 12 to the memo of petition, the decision will be taken by the Deputy Commissioner, Garhwa.

(3.) This writ petition is, accordingly, disposed of, in view of the aforesaid directions and observations.