Most. Rajkumari Devi vs The State Of Bihar
2021 Latest Caselaw 6266 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9266 of 2021
     ======================================================

Most. Rajkumari Devi Wife of Late Alok Ram R/o Mohalla- Hafiapur Khar, Ward No. 26, Sri Ram Nagar, Gopalganj, P.S. and District- Gopalganj (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Labour Resources, Govt. of Bihar, Patna.

2. The Labour Commissioner, Govt. of Bihar, Patna.

3. The District Magistrate, Gopalganj.

4. The Block Development Officer, Block Gopalganj, District Gopalganj.

5. The Deputy Labour Commissioner and Commissioner Workmen Compensation, Muzaffarpur.

6. The Deputy Labour Commissioner-cum-Commissioner Workmen Compensation, Chapra, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate For the Respondent/s : Mr. Anil Kumar Singh, GP 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT Date : 20-12-2021

Heard learned counsel for the parties.

This petition seeking transfer of the case pending at

Muzaffarpur to Chapra under Section 21(2) of the Employee's

Compensation Act, 1923. The said Section is reproduced below

for ready reference:

"21(2) If a Commissioner is satisfied (that any matter arising out of any proceedings pending before him) can be more conveniently dealt with by any other Commissioner, whether in the same State or not, he may, subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for Patna High Court CWJC No.9266 of 2021 dt.20-12-2021

report or for disposal, and, if he does so, shall forthwith transmit to such other Commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings:

[Provided that the Commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard]"

Learned counsel appearing for the State has no

objection.

Under the circumstances, the petition is allowed. The

case stands transferred from the Deputy Labour Commissioner,

Muzaffarpur to Chapra.

The petition stands allowed in the above terms.

(Rajan Gupta, J)

P. Kumar

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