Appeal No.441/09

J.S.Osan,AEN,Ajmer Vidhyut Vitran Nigam Ltd.Chittorgarh & anr. V. Onar Singh



Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member



Shri S.N.Bohra,counsel for the appellants

Shri Manish Mathur,counsel for the respondent





Date of Judgement: 7.7.09




BY THE STATE COMMISSION


This appeal has been filed by the appellants RSEB which were ops before the District Forum,Chittorgarh against the majority order dated 29.12.08 passed by the Members of the District Forum,Chittorgarh in application no.50/08 filed u/s 27 of the C.P.Act,1986, by which Shri J.N.Osan,AEN was ordered to be fined for a sum of Rs.2000/- u/s 27 of the C.P.Act,1986 though the President of the District Forum,Chittorgarh had passed an order on 22.12.08 and had made a prayer that the application u/s 27 be rejected as compliance of the original order dated 31.0.07 in complaint no.279/06 had been made by the appellants.


It may be stated here that there are orders of different dates

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passed by the President as well as by the Members of the District Forum,Chittorgarh as this fact is evident from orders which were passed by the President on 22.12.08 and by the two Members on 29.12.08.


Since orders have been passed on different dates,therefore,they could not be sustained and are liable to be quashed and set aside and for that both learned counsel agree.


In the result this appeal filed by the appellants RSEB is allowed and the orders passed by the President of the District Forum,Chittorgarh dated 22.12.08 as well as the two Members dated 29.12.08 are quashed and set aside and the matter is remanded back to the District Forum,Chittorgarh to decide the same afresh in accordance with law on merits. Parties are directed to appear before the District Forum,Chittorgarh on 23.9.09.




Member President