Dhananjay Dewangan vs Union Of India
2021 Latest Caselaw 2737 Chatt

                                      1

                                                                       NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                             WPC No. 3866 of 2021

      Dhananjay Dewangan S/o Late Shri M.C. Dewangan Aged About 58
      Years Occupation Service, Presently Posted As Secretary, Higher
      Education Department, State of Chhattisgarh, Raipur Chhattisgarh,
      R/o D -217, Sector - 17, Nawa Raipur, Atal Nagar, District Raipur
      Chhattisgarh.                                       --- Petitioner

                                   Versus

   1. Union of India Through Secretary, Ministry Of Tribal Affairs, Shastri
      Bhawan Dr. Rajendra Prasad Road New Delhi, 110011 New Delhi.,
      District : New Delhi, Delhi

   2. National Commission for Schedule Tribes 6th Floor, B Wing, Lok
      Nayak Bhawan, Khan Market, New Delhi Through Secretary, National
      Commission For Schedule Tribes, 6th Floor, B Wing, Lok Nayak
      Bhawan, Khan Market, New Delhi., District : New Delhi, Delhi

   3. Director National Commission For Schedule Tribes, 6th Floor, B
      Wing, Lok Nayak Bhawan, Khan Market, New Delhi., District : New
      Delhi, Delhi                                  --- Respondents

For the Petitioner : Mr. Rajeev Shrivastava, Sr. Advocate with Mr. Saurabh Sahu, Advocate.

For Respondent No.1 : Mr. Ramakant Mishra, Asst. Solicitor General

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

07.10.2021

1. The instant petition is filed against the summons Annexure P-2 dated

10.08.2021 whereby respondent no.2 the National Commission for

Scheduled Tribes has directed the petitioner to attend personally at

New Delhi on a representation of one Dr. Ashutosh Mandavi.

2. Learned counsel for the petitioner would submit that the petitioner is

ready and willing to assist the National Commission for Scheduled

Tribes, however, his personal appearance may be exempted and he

may be allowed to represent through any of his authorized

representative. He placed reliance on a judgment of Supreme Court

rendered in Civil Appeal No.2320 of 2021 (The State of Uttar

Pradesh Versus Dr. Manoj Kumar Sharma) decided on 9th July, 2021

and would submit that casually the officer cannot be asked to appear

in person unless there exists specific requirements,

3. On perusal of the said judgment, it is observed that the petitioner may

enter his appearance through any of his representative before the

National Commission for Scheduled Tribes on the next date of

hearing and his personal appearance may not be sought for.

However, it is also expected that the petitioner shall extend due

cooperation and shall make available the necessary documents, if so

required. With such observations, this writ petition stands disposed

off.

Sd/-

GOUTAM BHADURI JUDGE Rao