Radhey Shyam Pandey vs The State Of Jharkhand & Ors
2022 Latest Caselaw 1575 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W. P. (S) No. 5959 of 2019

              Radhey Shyam Pandey             ...  ...   Petitioner
                                    Versus
              The State of Jharkhand & Ors. ...  ...   Respondents
                                    ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

10/19.04.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the respondents submits that pursuant to the last order, a supplementary affidavit has been filed in the present case. He submits that after the order was passed by the appellate authority, a petition was filed before the appellate authority to revisit/review the order and consequently, the impugned order was passed by the appellate authority. The learned counsel, during the course of argument, has fairly submitted that so far as the Jail Manual is concerned, there is no provision for review. However, the learned counsel for the respondents submits that still the appellate authority could have exercised the power of review. He submits that if the matter is posted day after tomorrow i.e., on 21.04.2022, he shall place certain judgments in support of his submission.

3. Learned counsel appearing on behalf of the petitioner submits that the power of review has to be conferred by provision of law, failing which the impugned order is wholly without jurisdiction and also ex-facie bad in law. The learned counsel has also submitted that the impugned order is not reflecting any exercise of power under review rather it reflects an order in appeal and therefore, otherwise also, the impugned order cannot be sustained in the eyes of law.

4. Post this case on 21.04.2022 to be taken up as a first case at 2:15 p.m.

(Anubha Rawat Choudhary, J.) Mukul