Muyeen Asma vs Ombudsman

Dilip B. Bhosale, J.—Heard learned counsel for the petitioners.

In both the petitions, the petitioners have challenged the order dated 13.02.2014, passed by Ombudsman, Chitradurga Zilla Panchayath, Chitradurga, whereby, the petitioners have been directed to pay certain monies.

Admittedly, the petitioners have filed appeals/representations before the Appellate Authority against the order of Ombudsman as provided for in the instructions on Ombudsman (as revised on 16.01.2014). The appeals are pending consideration before the Appellate Authority. When the writ petitions were filed, this Court is informed, one of the members of the Appellate Authority was not available.

Learned counsel for the petitioners, states that now the Appellate authority, namely, all the three members are available for disposing of appeals and he prayed for direction to the Appellate Authority to dispose of their appeals within timeframe.

Having considered the nature of challenge and submissions of learned counsel for the parties and so also the provisions contained in the instructions on Ombudsman, as revised on 16.01.2014, I am satisfied that the following order shall meet the ends of justice:-

(i) Appellate Authority, constituted under the instructions on Ombudsman, shall endeavour to consider and decide the petitioner''s appeal on merits, in accordance with law, as expeditiously as possible and preferably within a period of three months from the date of receipt of this order.

(ii) It is open to the petitioners to urge before the Appellate Authority that the order of ombudsman deserves to be set aside on the ground that the said order was passed without granting an opportunity of being heard to them. If any such contention is raised before the appellate authority, the same may be considered on merits in accordance with law.

(iii) Petitioners are directed to produce a copy of this order along with copy of the writ petitions and Annexures before the appellate authority within a period of two weeks from today.

(iv) It is needless to mention that the Appellate Authority shall consider and decide the appeals filed by the petitioners after granting an opportunity of being heard, to all concerned.

(v) Till the appeals are disposed of finally by the appellate authority, no coercive action be taken against the petitioners.

(vi) While passing this order, it is made clear that this Court has not examined merits of the case and the appellate authority shall decide the appeal influenced by this order.

With these observations, the petitions are disposed of.