2022 (8) TMI 632

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.... June, 2022 passed in W.P.A. No.7767 of 2021. By the said order, the writ petition filed by the appellant/ writ petitioner was disposed of by directing the authority concerned to consider and dispose of the representation given by the appellant, which is marked as Annexure "P/5" in the writ petition within a reasonable time and preferably within a period of eight weeks from the date of communication of the order. Identical order was put to challenge in M.A.T. 1111 of 2022 in the Kavita Jaiswal Vs. Designated Committee, Kolkata North Commissionerate & Ors. and the same was disposed of by the judgment and order dated 26th July, 2022. The said judgment and order reads as follows:- "This intra-Court appeal is directed against the order....

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....t his grievance of technical glitches it faced during the relevant time. A responsible officer of the department must affirm the Affidavit explaining the reason for delay in disposal of aforesaid representation by way of affidavit. Let the respondent file Affidavit-in-Opposition to the writ petition by 6th December, 2021 peremptorily and reply thereto, if any, by the petitioner on 9th December, 2021. If no such Affidavit is filed adverse inference will be taken against the respondents. Respondents concerned shall also give explanation on the aspect referred hereinabove. List this matter list on 10th December, 2021 at the top of the list. Leave is granted to the petitioner to file supplementary af....

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.... Court had recorded in its order dated 25.11.2021 that the allegation of technical glitches made by the appellant was not wrong and they have denied it. In such circumstances, by directing disposal of the representation may not yield any result because already the respondents have filed their affidavit-in-opposition and have made their stand clear. Therefore, we are of the view that the writ petition should be decided on merits. For the reasons stated hereinabove, the appeal stands allowed and the order dated 29.06.2022 is set aside and the writ petition is restored to its original file and number to be heard and decided by the learned Single Judge on merits and in accordance with law. Since the appellant had benefit of or....