Case of the petitioner is that the date fixed for hearing the appeal was 27.10.2010 and the State Commission, by preponing the date of hearing, disposed of the appeal on 4.11.2009 without informing any of the parties about the preponement of the date of hearing. Affidavits of Ritesh Mohindra and Mr.Paras Money Goyal, Advocates, who were the counsel for the petitioner, have been attached in support of the submission made. Neither of the parties was present before the State Commission. It is not disputed before us that initially, the date fixed for hearing the appeal was 27.10.2010. Respondent has not refuted the allegation made in the grounds of Revision Petition that the date fixed was 27.10.2010 and the State Commission has disposed of the appeal in the absence of the counsel for either of the parties on 4.11.2009 by preponing the date of hearing. Considering the fact that the State Commission had decided the appeal by preponing the date of hearing without informing either of the parties / in the absence of the counsel for the parties, which was not the proper course, we set aside the order passed by the State Commission and remand the case back to the State Commission for a fresh decision in accordance with law after hearing counsel for both the parties. Parties, through their respective counsel, are directed to appear before the State Commission on 19.7.2010. We would request the State Commission to dispose of the appeal within 4 months from the date of first appearance.
......................JASHOK BHANPRESIDENT ......................S.K. NAIKMEMBER | |