- (1.) HEARD the parties.
(2.) IN view of the nature of the order, which is going to be passed, no counter affidavit is required by the respondents. The petitioner had moved this Court earlier in W.P.S. No. 6119/2002 making a grievance that though he has filed an appeal against the order of certain punishment by the Disciplinary Authority but the appeal, filed by him, was not being disposed of by the State of Bihar before whom the said appeal was pending. By order dated, 25.3.2003, the said writ application was disposed of noticing the fact that after bifurcation of the united State of Bihar now the appeal of the petitioner is pending before the State of Jharkhand but the relevant documents were lying with the State of Bihar. Accordingly, a direction was given to the State of Bihar to make available all the relevant documents of the petitioner to the Appellate Authority of the State of Jharkhand and, thereafter, the State of Jharkhand was directed to dispose of the appeal of the petitioner on its merit. Consequently, the impugned order, contained in Annexure -16, dated 3.11.2006 has been passed, which is under challenge.
(3.) THE petitioner has challenged the order dated 3.11.2006, contained in Annexure -16 to the supplementary affidavit, passed by the Secretary, Department of Health, Education and Family Welfare, Jharkhand, Ranchi, on the ground that his appeal has been dismissed summarily without assigning any reason whatsoever. My attention has been drawn to the order passed by the Appellate Authority, i.e. Annexure -16. From perusal of the said order it is apparent that the Secretary, after noticing the facts of the case has dismissed the appeal without assigning any reason whatsoever for rejecting the appeal of the petitioner. This order of the Secretary, dated 3.11 .2006 suffers from total non -application of mind and, therefore, the same cannot be sustained in law. Consequently, this writ application is allowed and the order passed by the Appellate Authority, dated 3.11.2006 contained in Annexure -16 is hereby quashed. The matter is remitted back to the Secretary, Department of Health, Education and Family Welfare, Government of Jharkhand, Ranchi to consider the same in accordance with law and to take a fresh decision in the matter and dispose of the appeal by passing an appropriate reasoned order in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.;