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Showing contexts for: unsigned statement in M.Venugopal vs The District Magistrate Cum on 14 August, 2014Matching Fragments
23. The very purpose of the Act in creating a separate Tribunal and Appellate Tribunal is to simplify the procedure and to make the provision inexpensive and easy for the senior citizens. But, in practice, I should say, the Tribunals constituted in the State, instead of minimising the hardship of the senior citizens, will only add to their agonies. This conclusion of mine is based on factual matrix. Let us take for illustration the case on hand.
24. In this case, the 3rd respondent made an application to the Tribunal on 07.09.2011. On appearance of the petitioner herein, the Tribunal wanted him to give a written statement. Accordingly, the petitioner gave an unsigned and undated written statement. Similar written statement was called for from the 3rd respondent. He gave a written statement, dated 05.12.2011. Then the 3rd respondent gave a letter on 08.12.2011 seeking a copy of the written statement of the petitioner. The records do not disclose whether the same was given or not. Based on the unsigned and undated written statement of the petitioner and the written statement of the third respondent, it appears, order was drafted by someone in the office of the Revenue Divisional Officer. It was thereafter put-up before the Revenue Divisional Officer for further orders. He made certain corrections in the same and signed it. This is the order which is impugned in this writ petition. It needs to be mentioned that there was no evidence, either oral or documentary, let-in by the parties and there was no opportunity to cross-examine at all. I do not understand as to how the Tribunal had determined the issues, based only on these two written statements. This order of the Tribunal does not satisfy even the basic requirements of law. I regret to say that the Revenue Divisional Officer was ignorant of the procedure to be followed by him. Forgetting that he was discharging a quasi-judicial function, which requires an element of adjudication, he had simply treated the entire proceeding as an administrative one and passed the order, as though it is an administrative order.