Dt.21/02/2012.
Petitioner present at the Forum through his counsel and filed hazira. Counsel of the Petitioner submitted before the Forum that as per the direction of the President, he filed the Misc. case on the ground that U/S 14 of the C. P. Act-1986 if a final order found to be differed by the view of the President and a Member in that case the same is to be referred to the Second Member and in this situation the Forum lack the Second Member, hence the petition Dt.07/10/2011 is to be preserved for judgement till to the arrival of third member. His other submission is that the petition filed by him on 17/01/2012 should be allowed and the petition filed by the Petitioner Dt.07/10/2011 should be tagged with the Misc. case record for a kind perusal.
Heard the counsel, perused the record and the Forum comes to such finding that:-
1) No where of the C.P.Act-1986 especially U/S 14 of the Act it is mentioned that an incomplete final Order can be preserved for indefinite period till to the arrival of the last member of the Forum for a complete chorum. When the final order/judgment is an incomplete one it is not an order accordingly to Sec. 14 of the Act. The District Forum is not empowered to preserved it for indefinite period, rather the Petitioner should move his case at the appellate Forum.
2) As per Order Dt.03/02/2012 the prayer of the petitioner to preserve the final order of the original case and to be tagged with the misc. case is disposed of accordingly. The Forum is in a state of 'functus officio' now. Hence the same order can not be reviewed unless with the interference of the National Commission at this stage. Hence the prayer for that is not permissible.
Hence, finally ordered that the Misc. case is devoid of any merit and be rejected by the Forum.
The Misc. case is disposed of accordingly.
Sd/- Sd/-
( Smt. A. Behera) (Sri P. N. Dash)
M e m b e r. P r e s i d e n t.
