Smt. Arti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2080 of 2013 With Interlocutory Application No.6692 of 2015 ====================================================== Smt. Arti Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Ramindra Kumar, AC to AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 25-08-2015 Re: I.A.No. 6692 of 2015 Heard the parties.

The instant interlocutory application has been filed on behalf of the petitioner for recall of the order dated 22.06.2015, whereby the petitioner was granted two months' peremptory time for filing certified copy of the impugned order dated 25.05.2012. Learned counsel appearing on behalf of the petitioner submits that the State Human Rights Commission has not framed its rule for supply of certified copy with respect to any order passed in any proceeding before the State Human Rights Commission. However, according to him, for the aforesaid purposes, the National Human Rights Commission (Procedure) Regulations, 1994 shall apply and as per regulation 13, certified copy of the order cannot be provided to the petitioner as against her complaint was filed.

On examination of Regulation 13 of the National Human Right Commission (Procedure) Regulations, 1994, this Court finds that Regulation 13 (3) of the said Regulations provides

Patna High Court CWJC No.2080 of 2013 (5) dt.25-08-2015 2/2 that unless any document is classified by the Commission as confidential, copy thereof, can be made available to the parties on payment of a reasonable fee raised to meet the cost. It further provides that every effort shall be made to provide such copies expeditiously but not later than one week from the date of request. In the present case, order was passed on 22.06.2015 granting two months time to the petitioner for furnishing copy of the impugned order. Despite passage of aforesaid period and despite the provisions contained in Regulation 13 of the aforesaid Regulations, copy of the impugned order has not been furnished by the petitioner till date.

In above view of the matter, this Court does not find any good ground to recall the order dated 22.06.2015. Accordingly, I.A.No. 6692 of is rejected.

Legal consequences in the main writ petition shall follow. (Birendra Prasad Verma, J) Tahir/- U