High CourtsSingle Bench(2022) 04 JH CK 0039

Anil Kumar Singh And Others vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 21 April 2022

HON’BLE JUDGES
Anubha Rawat Choudhary, J
CASE NUMBER
Writ Petition (S) No. 2585 Of 2008

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Judgment

7 paragraphs · 389 words

Anubha Rawat Choudhary, J

1.

Learned counsel for the parties are present.

2.

Learned counsel for the respondents submits that he does not have a copy of the records of this case.

3.

Learned counsel for the petitioners has submitted that he does not have a copy of the counter affidavit filed by the respondent No. 7. However, the matter has been placed before this court and the grievance of the petitioners is that pursuant to the departmental enquiry the punishment of censor was already given to the petitioners and thereafter on the basis of certain orders passed by the National Human Rights Commission, the victim lady was to be compensated but the respondents while compensating the victim lady has passed an order of recovery from the petitioners. Although neither any such order for giving compensation to the victim lady was passed during the departmental proceedings nor any proceeding was initiated against the petitioners by the National Human Rights Commission. The learned counsel further submits that the entire records of the case reveal that in spite of best of efforts the victim lady could not be traced and consequently no F.I.R. was instituted. Since the order is for compensation of the victim lady and the victim lady is traceless, otherwise also, the impugned order of recovery from the petitioners for payment to victim lady is meaningless. A specific stand has been taken by the National Human Rights Commission in the counter affidavit that there is no case for National Human Rights Commission to afford any opportunity of hearing to the petitioners as it has not imposed any penalty/punishment on them, rather it has directed the state government on the basis of the report submitted to it. Thus it appears from the stand taken by National Human Rights Commission that no penalty as such has been imposed upon the petitioners, rather the state was directed to compensate the victim lady.

4.

Post this case for further hearing on 25.04.2022 under the heading for ‘Final Disposal’.

5.

Let this matter be treated as part heard.

6.

Office is directed to provide soft copies of the entire records of this case to the learned counsel for the parties. It further appears from the records of this case that there was an interim order passed in favour of the petitioners staying the recovery.