Heard the counsel for the petitioner and Ms. Shweta Kapoor learned counsel appearing on behalf of the respondent-BSES.  The appeal of the petitioner was dismissed for default of appearance on 13.03.2012.  It has been contended by the learned counsel that the petitioner was not in town on the date of hearing due to some emergent work.   Since the matter has not been heard on merits and in view of the Judgment of the Hon’ble Supreme Court in the case of “Rajeev Hitender Pathak & Ors. Vs. Achyut Kashinath Karekar & Anr.” [2011 9 SCC 541]” that the State Commission has no power to either review or recall its order, the matter is remanded back to the State Commission, the appeal is restored to its original number and the State Commission is directed to consider the appeal of the petitioner on merits.

2.      It is made clear that this Commission has not applied its mind to the merits of the case and the State Commission will be free to decide the matter on its merits as per law.

3.      Parties are directed to appear before the State Commission on 11.12.2012.