Sunil Kumar vs The State Of U.P. And Others
2011 Latest Caselaw 5575 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 63165 of 2011
 

 
Petitioner :- Sunil Kumar
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Munesh K. Sharma
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Learned Standing counsel has accepted notice on behalf of respondent nos. 1 to 5.

Issue notice to respondent nos. 6 returnable within next six weeks.

List thereafter alongwith the record of Civil Misc. Writ Petitions No. 20324 of 2000, 10199 of 2011, 12875 of 2011, 10197 of 2011and 59980 of 2010.

It has been contended on behalf of petitioner that in the present case National Human Right Commission has imposed penalty on the petitioner without providing opportunity of hearing. Petitioner has further stated that the National Human Right Commission itself has no right to impose penalty being merely recommendatory body, in this background action taken is in transgression of jurisdiction.

Primafacie arguments advanced requires consideration by this Court.

As identical issues has already engaged the attention of this Court in the Civil Misc. Writ Petitions No. 20324 of 2000, 10199 of 2011, 12875 of 2011, 10197 of 2011and 59980 of 2010.

As the controversy raised is identical to the aforesaid writ petitions wherein interim order has been passed, as such in the present case also interim order is being passed on the same term and condition.

Consequently, till the next date of listing no recovery shall be made from the petitioner also.

Order Date :- 4.11.2011

OP