State Commission has dismissed the complaint for non-prosecution.  I.A. filed by the appellant to recall the order of dismissal has been dismissed by the State Commission for want of jurisdiction in view of the law laid down by the Supreme Court in Rajeev Hitendra Pathak & Ors. vs. Achyut Kashinath Karekar & Anr. – IV(2011) CPJ 35 (SC) in which it has been held that the State Commission does not have the power to recall/review its own order. 

Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission for a fresh decision in accordance with law.

Respondent has entered appearance through Mr.Sanjeev Singh, Advocate.  Notice issued to the respondent is made absolute.  Impugned order is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

Parties, through counsel, are directed to appear before the State Commission on 21.3.2013.