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ANIL KSHETARPAL
Bhupinder Singh Hooda – Appellant
Versus
State of Haryana – Respondent
Headnote: Read headnote
JUDGMENT
Mr. Anil Kshetarpal, J.
Brief facts of the case:-
1.1 Although there was unanimous opinion of the esteemed members of the Division Bench on the substantive issues, however, there was difference of opinion on a small issue, which has resulted in reference to this Bench as third Judge. In substance, one esteemed brother Judge has held that it shall be open to the Commission to proceed further from the stage when notice under section 8B of the Commissions of Inquiry Act, 1952 (hereinafter referred to as 1952 Act') was required to be issued whereas the other respected brother Judge granted liberty to the Government to appoint a Commission of Inquiry. The difference has been summarized in the short order passed by the Bench on 10.01.2019 which reads as under:-
A Commission of Inquiry does not cease to exist upon submitting its report unless formally terminated by the government under Section 7 of the Commissions of Inquiry Act, 1952.
The exercise of statutory power under the Commissions of Inquiry Act must be justified by valid legal grounds, distinguishing between personal injury claims and public interest allegations for determ....
Individuals must be given a fair opportunity to defend their reputation in inquiries where their conduct is questioned.
The appointment of a Commission of Inquiry by the State Government regarding waqf property is invalid as it violates the provisions of the Waqf Act, 1995, which prohibits any authority from adjudicat....
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
Point of Law : Sub-section (1) of Section (3) of Act makes it clear that appropriate Government is under a statutory obligation to appoint a Commission of Inquiry in a case where a resolution on that....
The court affirmed that a person's right to legal representation at a commission of enquiry is not absolute if their conduct is not the subject of the enquiry, and mandamus is not available if there ....
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