Rajendra Prasad Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant......the deputy inspector general of police. singhbhum (kolhan) region, chaibasa to dispose of the appeal within six weeks from the date of receipt of order.3. pursuant to the order of this court, the appellate authority, by his order dated 8.1.2006 (annexure 3) dismissed the appeal filed by the petitioner and confirmed the order passed by the disciplinary authority. from perusal of the appellate order, it appears that the appellate authority has not assigned any reason for dismissing the appeal. the order of the appellate authority suffers from non-application of mind. though the petitioner has already filed revision against the appellate order but the same has not yet been disposed of.4. in this view of the matter, this writ application is being disposed of by setting aside the order of the appellate authority dated 8.1.2006 as contained in annexure 3 and the matter is remitted back to him again for reconsideration of the appeal of the petitioner on its own merit and to pass fresh reasoned order after considering the points raised by the petitioner in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.5. with the.....

Judgment:

ORDER

Amareshwar Sahay, J.

1. Heard the parties.

2. The petitioner, a Public Constable was departmentally proceeded and thereafter, on the basis of enquiry report, the disciplinary authority dismissed him from the service. The petitioner thereafter filed a statutory appeal before the statutory authority. Since the appeal was not being disposed of, the petitioner moved this Court in WP (S) No. 6703 of 2006 making his grievance that though he has filed appeal against the punishment of dismissal from the service but the same is not being disposed of by the appellate authority. The said writ petition was disposed of by order dated 15.12.2006 as contained in Annexure-5 directing the appellate authority i.e. the Deputy Inspector General of Police. Singhbhum (Kolhan) Region, Chaibasa to dispose of the appeal within six weeks from the date of receipt of order.

3. Pursuant to the order of this Court, the appellate authority, by his order dated 8.1.2006 (Annexure 3) dismissed the appeal filed by the petitioner and confirmed the order passed by the disciplinary authority. From perusal of the appellate order, it appears that the appellate authority has not assigned any reason for dismissing the appeal. The order of the appellate authority suffers from non-application of mind. Though the petitioner has already filed revision against the appellate order but the same has not yet been disposed of.

4. In this view of the matter, this writ application is being disposed of by setting aside the order of the appellate authority dated 8.1.2006 as contained in Annexure 3 and the matter is remitted back to him again for reconsideration of the appeal of the petitioner on its own merit and to pass fresh reasoned order after considering the points raised by the petitioner in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.

5. With the aforesaid observations and direction, this writ petition stands disposed of.