State of M.P. vs Narendra Singh Verma

Sujoy Paul, J.—With the consent of parties, matter is finally heard. The grievance of the petitioner is that this Court passed the order in W.P. No. 2959/2012 without issuing notice to the other side and followed the judgment of principal seat in the case of Dal Chand Ahirwar in W.P. No. 2897/2007 and further followed Nandkishore Jhanjhot Vs. State of M.P. and others, . Shri Newaskar submits that there was another judgment and if the department was noticed, it could have been brought to the notice of this Court by filing reply. In addition, it is stated that recently a larger bench has decided the issue of competence of the officer and therefore, in the fitness of the things, the order dated 04/05/2012 be recalled. It is opposed by Shri Prashant Sharma learned counsel for the respondent.

I have heard learned counsel for the parties and perused the record.

A perusal of the record shows that this Court has passed the final order without issuance of notice on the basis of judgment in Dal Chand Ahirwar (supra), petitioner/State has a valuable right to put-forth his case before the Writ Court on this ground alone. I deem it proper to review and recall the order dated 04/05/2012 passed in W.P. No. 2959/2012.

Accordingly, the said order is reviewed and recalled. WP is restored to its original number. A copy of this order be kept in the record of WP.