BHARAT RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) IN this Writ application the petitioner has prayed for quashing the order dated 9.8.2004 passed by the Divisional Commissioner, Palamau whereby he sought to review the order dated 5.2.2004 passed in departmental appeal No. 6 of 2001. The order dated 9.8.2004 reads as under: ''

(3.) ALTHOUGH the Divisional Commissioner passed order on 5.2.2004 but the Deputy Commissioner did not challenge the said order or made any grievance before the Commissioner for the review of the order. It is a matter of surprise that although departmental proceeding is a statutory proceeding, the Divisional Commissioner, on the basis of a letter issued by the Deputy Commissioner acted on the said letter and passed the impugned order, Prima facie, in my opinion, the action of the Deputy Commissioner in sending the letter is to flout the order passed by this Court on 21.4.2004 in WPS No. 2158/2004. The Divisional Commissioner being a statutory authority is supposed to atleast follow the rules and procedures in the matter of hearing the departmental appeal or review arising out of that.