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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Susmita Saha Dutta – Appellant
Versus
Union Of India – Respondent
ORDER
1. Learned Advocate General pressing CAN 5 of 2022 has submitted that though this Court by earlier order dated 20th April, 2022 had formed a three-member Committee to inquire into the rights of the distressed persons but the communication received from the Under Secretary, NHRC by the Chief Secretary, Government of West Bengal dated 10th May, 2022 shows that a team of 11 members has been included by extending the Committee which is formed by this Court.
2. Learned counsel for the NHRC has submitted that the Committee is comprised of only three members and the team of 11 officers is for the purpose of ministerial work to assist the Committee as large number of complaints are being received and that the Committee itself had taken a decision in this regard in the minutes of the meeting dated 11th May, 2022.
3. He is permitted to file the reply to CAN 5 of 2022 by tomorrow along with all the relevant materials.
4. List on 19th May, 2022.
The Committee constituted by the court can take assistance for ministerial work but cannot delegate the essential inquiry work to others.
Non-compliance with court orders and disrespect towards the court can lead to dissolution of a committee and reinstatement of alternative measures for inquiry.
The main legal point revolves around the interpretation and determination of the tenure of members of the National Company Law Tribunal, specifically those of the 2019 batch.
The main legal point established in the judgment is the requirement for the State to provide reasons for constituting another expert committee after the initial committee had already provided its rep....
Judicial orders must be complied with in administrative processes, and any deviation requires valid justification.
Legislative committees have specific powers and functions as defined by law and are not vested with adjudicatory jurisdiction.
Committees are constituted by legislature for various purposes including to study a prevailing situation regarding a particular subject, so that it can enlighten legislators on whole range of governm....
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