Abdhesh Sharma v. Taukeer Ahmed & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1399/2017 ABDHESH SHARMA ..... Petitioner Through:

Mr.R.K.Nain, Advocate versus TAUKEER AHMED & ORS ..... Respondents Through:

Ms. Jyoti Taneja, Adv. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.02.2018 The background facts from which the present proceeding arise were noted in the order dated 11.12.2017 as under:- ".....CM(M) 1399/2017 By the impugned order dated 14th August, 2017, the Commissioner, Employee‟s Compensation, GNCT of Delhi, while allowing the petitioner to withdraw the claim petition, declined to grant liberty which had been sought, the order in question, written in hand, having been deciphered by the petitioner as under: "None for Respondent.

On behalf of the claimant an application has been filed for withdrawal in the case.

Claimant petition is dismissed as withdrawn. No liberty given."

It is not clear from the above shown order as to what was the „liberty‟ sought and why it was not granted. The order is too cryptic and non-speaking to be accepted.

The concerned Commissioner, Employee‟s Compensation is directed to explain the deficiencies in the aforesaid order by submitting a report on or before 9th February, 2018. CM(M) 1399/2017

Meanwhile, notice shall also be sent to the respondents on appropriate steps.

The Registry to communicate directions in the order and secure compliance from the concerned quarters." In compliance, the Commissioner Employees' Compensation (District West) has submitted his report. Ms. Jyoti Taneja, Advocate is present on behalf of the Commissioner Employees' Compensation. The learned counsel submits that the matter may be remitted for fresh order to be passed by the Commissioner Employees' Compensation setting out the reasons in detail. It is assured that the order shall be passed without delay, albeit after hearing the parties in question and that it would be not a non-speaking order. In the given set of facts and circumstances, the petition is disposed of with directions to the effect that the Commissioner Employees' Compensation (District-West) shall pass a fresh order on the application of the petitioner seeking withdrawal with liberty. The order dated 14.08.2017 is, thus, set aside. It is hoped that the Commissioner Employees' Compensation (District West) would hereinafter avoid such non-speaking orders.

The parties shall appear before Commissioner Employees' Compensation (District West) on 6th March, 2018. Dasti under the signature of Court Master.

R.K.GAUBA, J.

FEBRUARY 09, 2018/vk CM(M) 1399/2017