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Judgment
Sunil B. Shukre, J
Heard.
Although it is submitted by the learned counsel for the respondent No.4 that the paragraphs 2 and 8 are worded in a manner as to incorporate not only the submissions made on behalf of the petitioner and respondent No.4 and also the consideration and the conclusions drawn by the Scrutiny Committee, we beg to differ with him. As rightly submitted by the learned counsel for the petitioner, there is no consideration whatsoever of the submissions which are reproduced in paragraphs 2 and 3. The reproduction of submissions in these paragraphs is not in the words expected from a quasi judicial authority like the respondent No.1-Committee. But, on making overall reading of what is mentioned in these paragraphs, one cannot but say that the contents of these paragraphs are nothing but the submissions made on behalf of the rival parties, i.e. petitioner and respondent No.4 and then we find that in the subsequent paragraphs, straightaway conclusion has been drawn by the respondent No.1-Committee, without appreciating the rival submissions.
Thus, the discussion so made in the earlier paragraph impels us to conclude that because of non-consideration of the submissions made on behalf of the rival parties and also the documents placed on record, the impugned order suffers from the vice of perversity, in the sense that it does not consider in any manner the evidence and material available on record. Therefore, this is a fit case for its remand to the Scrutiny Committee for fresh consideration and decision.
The petition is allowed. The impugned order is hereby quashed and set aside. The matter is remanded back to the respondent No.1-Scrutiny Committee for fresh consideration and decision, in accordance with law. The respondent No.1-Scrutiny Committee is at liberty to consider the evidence already available on record and also admit the additional evidence if produced by the petitioner or respondent No.4 or both. The respondent No.1 shall decide the claim of the respondent No.4 at the earliest and in any case within three months from the date of appearance of the petitioner and the respondent No.4 before him. The petitioner and the respondent No.4 shall appear before the respondent No.1-Scrutiny Committee on 07/11/2022.
Rule accordingly. No costs.