Consent order recalled where valid written consent was not established and the order's foundation failed.

An order stated to have been passed on consent was recalled because the alleged consent of the DPSC was not shown to have been given in writing or otherwise validly communicated. The court noted the inconsistent stance taken on authorisation and the absence of timely disclosure that formal approval had not been granted. As the earlier order had proceeded on the basis of consent and no valid written consent or withdrawal of consent was established, its foundation was unsustainable. The review and connected applications were disposed of accordingly.

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Issues: Whether the order dated 26 April 2024, stated to have been passed on consent, was liable to be recalled on the ground that such consent had not been given in writing or otherwise validly communicated.

Analysis: The applications raised a challenge to the earlier order on the footing that the consent attributed to the DPSC, Malda was not duly authorised. The Court noticed the inconsistent stand taken by the DPSC and the absence of any timely disclosure that formal approval to the consent had not been given. As the earlier orders had been passed on the basis of consent and no valid written consent or withdrawal of consent was shown, the basis of the order was held to be unsustainable.

Conclusion: The order dated 26 April 2024 was recalled and the review applications along with the connected applications were disposed of accordingly.

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