High CourtsSingle Bench(2023) 06 SIK CK 0047

Jiwan Kumar Bhusal vs State Of Sikkim & Ors

Sikkim High Court · Decided on 21 June 2023

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Writ Petition (C) No. 21 Of 2023

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Judgment

4 paragraphs · 175 words

Bhaskar Raj Pradhan, J

1.

Heard Mr. Abhinav K. Jha, learned counsel for the petitioner. Issue notice upon the respondents subject to filing of requisites within three days. Mr. S.K. Chettri, learned Government Advocate appearing for respondent no.1 accepts notice and waives formal notice thereof.

2.

It is the case of the petitioner that the impugned order dated 05.11.2020 passed by the Member Secretary of Sikkim State Commission for Women directing the petitioner to give Rs.20,000/-to his wife for the maintenance on monthly basis from December which will be directly deducted from the salary account is an order passed beyond the jurisdiction and powers of the Commission. The learned counsel for the petitioner has also taken this court through the Sikkim State Commission for Women Act, 2001 (the Act of 2001) and the functions and powers of the Commission. In the light of the submission and on examination of the Act of 2001 the impugned order dated 05.11.2020 is stayed until further orders of this court.

3 List this matter for further consideration on 04.08.2023.