Rishi Raj Pandit vs State Of Jharkhand on 21 May, 2020

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Jharkhand High Court

Rishi Raj Pandit vs State Of Jharkhand on 21 May, 2020

Bench: S.N.Pathak

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                           W.P.(S). No. 1166 of 2019
                                                ----------

               Rishi Raj Pandit                         ...     ...     ...     ...Petitioner
                                                -Versus-
               1. State of Jharkhand

2. The Deputy Commissioner, Santhal Pargana Division, Dumka.

3. The Civil Surgeon-cum-Chief Medical Officer, Dumka.

4. The District Leprosy Eradication Officer, Dumka ... ... .... ...Respondents

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               CORAM:               THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                    (Through: Video Conferencing)
               For the Petitioner      :Mr. Lakhan Chandra Roy, Advocate
               For the State           :Mr. H.K. Mehta, AAG
                                              -----------
05/ 21.05.2020        In view of outbreak of COVID-19 pandemic, case has been taken up

through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11:30 A.M. onward. They have no complaint in respect to the audio and video clarity and quality.

Heard the parties.

Mr. Lakhan Chandra Roy, learned counsel appears on behalf of the petitioner while Mr. H.K. Mehta, learned Addl. Advocate General appears for the respondent-State.

Petitioner has approached this Court with a prayer for a direction to the respondents to grant him the benefits of ACP and MACP with all other consequential benefits for which he is entitled for in accordance with law.

At the very outset, drawing the attention of the Court towards counter- affidavit filed by the respondent Nos. 1 to 4, it has been submitted by Mr. H.K. Mehta, learned Addl. Advocate General appearing for the respondent-State that though the petitioner has represented before the respondents, but it is the State Leprosy Eradication Officer, Jharkhand, Ranchi, who is the competent authority to take a decision regarding grant of ACP/MACP to the petitioner. Learned counsel draws attention to the Court towards para-12 of the counter-affidavit and submits that State Leprosy Eradication Officer, Jharkhand, Ranchi is empowered to take a decision in this regard and hence, the ACMO Dumka vide letter No. 344 dated 30.09.2019 has written a letter supported with all necessary documents to the State Leprosy Eradication Officer, Jharkhand, Ranchi for the needful.

In view of the fair submission made by the learned counsel for the respondent-State, without going into the merits of this case, I, hereby, direct the State Leprosy Eradication Officer, Jharkhand, Ranchi, to take a decision regarding payment of benefits of ACP/MACP to the petitioner, in accordance with law, within a period of twelve weeks from the date of receipt/production of a copy of this order, after giving ample opportunity of hearing to the petitioner.

Needless to say, if the decision is taken in favour of the petitioner, the benefits of ACP/MACP with all consequential benefits shall be extended to him within a further period of six weeks.

With the aforesaid directions, this writ petition stands disposed of.

(Dr. S.N. Pathak, J.) kunal/-

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