25 January, 2019


Constitution of India, Article 32 - Contractual personal rights - If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with his employer -  Legal remedy lies in filing Civil Suit or take recourse to any other civil law remedy for adjudication and enforcement of rights or anyone claiming through them as the case may be - Writ petition under Article 32 of the Constitution is not the remedy for agitating any such grievance.2019 SCeJ 142

  1.         Constitution of India, Art.  32, 226 - Having invoked a constitutional remedy before the High Court under Article 226 of the Constitution of India, the petitioner cannot, under Law, file another petition under Article 32 of the Constitution of India on identical set of facts for identical reliefs -Writ petition is dismissed with costs of Rs.1,00,000/- . (2016)3 PLRSC 481
  2.         Constitution of India, Art.  32, 226 - Seeking direction to the respondents to pay damage to them for having illegally demolishing their built up house - Petitioner are raising disputed question of facts - Petitioners have a remedy to file a suit for damages against the wrong doer which is pending - Writ petition is not maintainable. (173) PLR 9
  3.         Constitution of India, Art.  32 - Acid attack victim - Victim Compensation Scheme - To pay Rs.3,00,000/- - Does not put a bar the Govt. to award compensation limited to Rs.3 Lakhs - The State has the discretion to provide more compensation to the victim in the case of acid attack as per guidelines - Furthermore the State shall upon itself take full responsibility for the treatment and rehabilitation of the victims of acid attack as per the Guidelines provided. Held, that the compensation must not only be awarded in terms of the physical injury, we have also to take note of victims inability to lead a full life and to enjoy those amenities which is being robbed of her as a result of the acid attack. Held, further, that keeping in view the impact of acid attack on the victim on his social, economical and personal life, we need to enhance the amount of compensation. We cannot be oblivious of the fact that the victim of acid attack requires permanent treatment for the damaged skin. The mere amount of Rs.3 lakhs will not be of any help to such a victim. We are conscious of the fact that enhancement of the compensation amount will be an additional burden on the State. But prevention of such a crime is the responsibility of the State and the liability to pay the enhanced compensation will be of the State. The enhancement of the Compensation will act in two ways:- 1. It will help the victim in rehabilitation; 2. It will also make the State to implement the guidelines properly as the State will try to comply with it in its true spirit so that the crime of acid attack can be prevented in future. Held, also, that in case of any compensation claim made by any acid attack victim, the matter will be taken up by the District Legal Services Authority, which will include the District Judge and such other co-opted persons who the District Judge feels will be of assistance, particularly the District Magistrate, the Superintendent of Police and the Civil Surgeon or the Chief Medical Officer of that District or their nominee. This body will function as the Criminal Injuries Compensation Board for all purposes. (S.C.)(183) PLR


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