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2016 (12) TMI 1863 - HC - Indian LawsPrinciples of natural justice - case of petitioner is that the petitioner s prayer for grant of eligibility certificate under Industrial Policy of Assam, 2008 has still not been considered - HELD THAT - Without expressing any opinion on the merit of the case of the petitioner, the writ petition is disposed of by directing the Principal Secretary to the Government of Assam, Industries Commerce Department, Dispur to dispose of the representation of the petitioner dated 03.12.2013 (Annexure-IX of the writ petition) in accordance with law by a speaking order within a period of 2(two) months from the date of receipt of a certified copy of this order. Petition disposed off.
Issues:
Delay in consideration of eligibility certificate under Industrial Policy of Assam, 2008. Analysis: The petitioner had filed a grievance stating that their request for an eligibility certificate under the Industrial Policy of Assam, 2008, made in 2012, had not been addressed. Subsequently, a representation was sent in 2013 to the Principal Secretary to the Government of Assam, Industries & Commerce Department, seeking a direction for the disposal of the said representation. The petitioner's counsel requested a direction for the Principal Secretary to consider the entitlement to an eligibility certificate. The respondent did not oppose this prayer. The High Court, while refraining from expressing any opinion on the merits of the case, disposed of the writ petition by instructing the Principal Secretary to the Government of Assam, Industries & Commerce Department, to review the petitioner's representation from 2013 and provide a speaking order within two months from the receipt of the court's order. The petitioner was advised to obtain a certified copy of the court's order and present it to the Principal Secretary for necessary action. This judgment highlights the importance of timely consideration of applications under government policies and emphasizes the need for authorities to adhere to the prescribed timelines for addressing such requests. The court's directive for a speaking order ensures transparency and accountability in the decision-making process, safeguarding the petitioner's rights and entitlements under the Industrial Policy of Assam, 2008.
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