NIRMAL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) IN view of the nature of the order, which is going to be passed, no counter affidavit is required by the respondents.

(3.) THE petitioner has challenged the order dated 3.11.2006, contained in Annexure -16 to the supplementary affidavit, passed by the Secretary, Department of Health, Education and Family Welfare, Jharkhand, Ranchi, on the ground that his appeal has been dismissed summarily without assigning any reason whatsoever. My attention has been drawn to the order passed by the Appellate Authority, i.e. Annexure -16. From perusal of the said order it is apparent that the Secretary, after noticing the facts of the case has dismissed the appeal without assigning any reason whatsoever for rejecting the appeal of the petitioner. This order of the Secretary, dated 3.11 .2006 suffers from total non -application of mind and, therefore, the same cannot be sustained in law. Consequently, this writ application is allowed and the order passed by the Appellate Authority, dated 3.11.2006 contained in Annexure -16 is hereby quashed. The matter is remitted back to the Secretary, Department of Health, Education and Family Welfare, Government of Jharkhand, Ranchi to consider the same in accordance with law and to take a fresh decision in the matter and dispose of the appeal by passing an appropriate reasoned order in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.