LAWS(JHAR)-2014-8-33

SUBAS KUMAR Vs. STATE OF JHARKHAND

Decided On August 13, 2014
Subas Kumar Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioners have approached this Court seeking quashing of order dated 22.4.2014. The brief facts of the case are that, the petitioners were granted competency certificate vide order dated 31.12.2012 for a period between 1.1.2013 and 31.12.2015. The petitioners are aggrieved by issuance of order dated 22.4.2014 whereby the competency certificate dated 31.12.2012 has been revoked.

(2.) Heard the learned Counsel appearing for the parties and perused the documents on record.

(3.) The learned Counsel appearing for the petitioners has submitted that without affording an opportunity of hearing and without disclosing any cogent reason, the competency certificate dated 31.12.2012 has been revoked by the Chief Inspector of Factories, Jharkhand which cannot sustain the scrutiny of law. Referring to order dated 31.12.2012 (Annexure-5), the learned Counsel for the petitioners has submitted that the conditions for grant of certificate has been enumerated in the said letter however, order dated 22.4.2014 does not disclose that the petitioners have violated any of the conditions mentioned in order dated 31.12.2012. It is further submitted that the order dated 22.4.2014 has been issued on an allegation that the petitioners have not submitted the requisite reports whereas, it is a matter of record that on 24.1.2014 vide Annexure-9/A and Annexure-9/B, the reports were submitted by the petitioners and were duly accepted in the Office of Chief Factories Inspector, Jharkhand, Ranchi. The learned Counsel has also drawn the attention of the Court to Annexure-9/C wherein the details of the work given to the petitioners have been detailed. On these grounds, it is submitted that order dated 22.4.2014 is arbitrary and it is liable to be quashed.