JUDGEMENT
Anubha Rawat Choudhary, J. -
(1.) Heard counsel for the petitioner as well as counsel appearing for respondent no. 3.
(2.) The writ petition has been filed for following reliefs:
"That by means of this application the petitioner prays for grant of an appropriate writ in the nature of certiorari or an order or direction for quashing the order dated 14.05.2007 (Annexure-5) passed by the respondent no. 1 in case no. 78 whereby a recommendation for criminal investigation and suitable action against the petitioner for disciplinary/departmental action against the petitioner sought to have been made with an advice to the respondent no. 3 to move Family Court for obtaining maintenance allowance and for any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper."
(3.) On 24.01.2018, the matter was heard at length and following order was passed:
"1. Heard in part.
2. Heard counsel for the petitioner at length.
3. It is submitted that the impugned order has been passed by the State Commission for Women, Jharkhand. The said commission for Women has been constituted under National Commission for Women's Act, 1990.
4. The counsel for the petitioner has placed the impugned order at length and is aggrieved by the directions/observations issued in the impugned order as contained in page no. 34 of the writ petition wherein 3 directions/observations have been made which are as follows:-
i) "Criminal investigation against the O.P. Bidhu Bhushan Dwivedi and suitable action against him as per investigation findings.
ii) It also recommends disciplinary/departmental action against the O.P. Bidhu Bhushan Dwivedi.
iii) The petitioner is advised to move the Family Court for obtaining maintenance allowance from her husband."
5. It is submitted by the counsel for the petitioner that the directions/observations made by the commission is wholly without jurisdiction. It is further submitted that without prejudice to the aforesaid contention, the petitioner has already been proceeded departmentally and an order of compulsory retirement has been passed which is under challenge in another writ proceeding. So far as the third directions/observations is concerned, same is merely an advice. It is further submitted that the point regarding maintenance is pending before different forums.
6. On the point of jurisdiction, the counsel for the respondent no. 3 submits that she needs some time to work out the issue and has prayed for some time by way of last indulgence.
7. Post the matter on 30.01.2018 for 'Final Disposal'.";
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