AMAR NATH DALMIA Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2014-3-142
HIGH COURT OF JHARKHAND
Decided on March 06,2014

Amar Nath Dalmia Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

R.R. Prasad, J. - (1.) Mr. Rajeev Sinha, learned Sr. counsel appearing for the petitioner Submits that pursuant to the order passed by this Court in a writ application directing the Secretary to pass a fresh order after taking into account the ground taken by the petitioner in his representation and also the report submitted by the Director, the Secretary passed an order on 31.7.2013 but it did not take into account the fact which was there in the report of the Director, rather he based his order on the report of Mr. B.B. Mishra, though there was no such direction. At the same time, the ground taken in the show cause was also not taken into account.
(2.) After hearing when this Court did find the submission to be correct, the Secretary was again directed to reconsider it and to pass order. Thereupon an order was passed on 09.10.2013 but again it was not in consonance with the order passed by this Court. Subsequently, the Secretary on his own passed an order on 9.12.2013 perhaps on account of observation made by this Court during hearing of this case. But again, it is not in consonance with the direction given by this Court.
(3.) In this regard, it was submitted that the Secretary while passing such order has reiterated that the Director without waiting for the report of the Laboratory, R.C.O.F, Bhubneshwar has passed an order for making payment but this is not correct, as by the time the Director had passed an order the report was available and only on perusal of that report, an order had been passed for making payment and so far process of manufacture of Vermi-Compost is concerned, the Secretary has reiterated its earlier stand basing his finding on the report of V. Mishra that Vermi-Compost cannot be prepared in less than 3 to 4 months whereas the Director by referring to the books written by a Scientist has stated that it can be prepared within less than 3 to 4 months.;


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