Shankar Shantaram Dighe vs State Of Maharashtra And Ors.
2004 Latest Caselaw 833 Bom

JUDGMENT

Rebello F.I., J.

1. Rule. Heard forthwith.

2. The petitioner by the present petition challenges the order dated 25-11-2003 with further direction that the appeal preferred by him be disposed of.

3. On behalf of the respondent No. 3, it is pointed out that the order dated 25-11-2003 is an order passed by the Appellate Authority itself and hence, there is no question of the appeal being heard.

4. Even considering the order of 25-11-2003 to be a final order in appeal, from the persual of the order, it is not possible to find out as to basis on which the documents produced by the petitioner including documents at Sr. Nos. 1, 6, 7 and 8 have been rejected. Under S.R.A. Scheme competent authority and the Appellate Authority are the only fact finding authorities. Their decision is not subject to challenge before the Civil Court. This Court also would not re-appreciate the facts in exercise of extra ordinary jurisdiction. In these circumstances, it is incumbent on the authorities below to give at least brief reasons as to why documents have been rejected and claims and contentions of either of the parties is being accepted or rejected. In the instant case, it seems that by earlier order claim of respondent No. 2 was accepted by order dated 21 -7-2003. There is nothing on record to show whether the petitioner herein was heard when that claim was accepted. Respondent No. 2 claims through petitioner. In the light of that it will be appropriate that the matter is remanded back to respondent No. 3 for fresh consideration after hearing both petitioner and respondent No. 2 and after giving opportunity to produce whatever documents they have in their favour. The petitioner and respondent No. 2 to appear before the Secretary, S.R.A. At 11.00 a.m. On 10-8-2004 and the matter to be disposed of at any rate not latter than four weeks after 10-8-2004. Rule made absolute accordingly. No order as to costs.

5. Parties to act on copy of this order authenticated by the Associate of this Court.