An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.

JUDGMENT :

M. S. Ramachandra Rao, C.J. (Oral)

1. This writ petition is filed challenging the order dt. 30.07.2024 passed by the Mines Commissioner, Ranchi in Revision Case No. 99 of 2023 filed by the petitioner.

The said revision case had been filed by the petitioner challenging the order dt. 06.07.2023 of the Deputy Commissioner, Pakur embodied in Memo No. 2171 dt. 29.09.2023 and issued under the signature of the District Mining Officer, Pakur.

In that order the petitioner was informed about rejection of his application for grant of fresh mining lease dt. 25.09.2019 and also application dt. 11.02.2020 on the ground of non-submission of Environmental Clearance Certificate within the statutory time limit.

2. In the impugned order passed in Revision Case No. 99 of 2023, the author of the said order i.e. the Mines Commissioner records that the primary order dt. 06.07.2023 has been passed by himself when he was the adjudicating authority i.e. the Deputy Commissioner, Pakur. He, therefore, states that since he himself passed the primary order as a primary authority, he cannot hear and pass any order on the same set of issues as an appellate authority and, therefore, he has disposed of the revision case with liberty to approach the appropriate authority.

3. We find it strange that the officer thought it fit to dispose of the matter knowing fully well that he had no authority to adjudicate it as a revisional authority, since he himself passed the order as a primary adjudicating authority. The course of action open to him was to keep the matter pending so that as and when he is transferred, his successor could have dealt with matter and then decided it. We deprecate this conduct on the part of the Mines Commissioner, Ranchi in disposing of the revision case on 30.07.2024.

4. Therefore, the writ petition is allowed; the order dt. 30.07.2024 in Revision Case No. 99 of 2023 passed by the Mines Commissioner, Ranchi is set-aside; and since the said officer as stated by the counsel for the respondents is no longer holding the said position, the matter is remitted to his successor for fresh consideration. The officer who has succeeded the incumbent who passed the order on 30.07.2024, shall decide the said revision case within three months and communicate his decision to the petitioner.

5. The Mines Commissioner who passed the order dt. 30.07.2024 shall pay cost of Rs. 20,000/-to the petitioner within six weeks.

6. The writ petition is allowed as above.