Punjab-Haryana High Court
Bakha Singh Alias Gurbax Singh vs State Of Haryana And Others on 29 July, 2009
Author: Jaswant Singh
Bench: Jaswant Singh
Letters Parent Appeal No.676 of 2009(O&M) 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
L.P.A.No.676 of 2009 (O&M)
Date of Decision:29.7.2009
Bakha Singh alias Gurbax Singh ....Appellant
Versus
State of Haryana and others ....Respondents
CORAM: HON'BLE MR.JUSTICE M.M.KUMAR
HON'BLE MR.JUSTICE JASWANT SINGH
Present: Mr.K.S.Dhaliwal, Advocate for the appellant.
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reports or not?
3. Whether the judgment should be reported to the Digest?
M.M.KUMAR, J.
This is an appeal filed under Clause X of the Letters Patent challenging order dated 6.7.2009 passed by the learned single Judge of this Court in CWP No.9677 of 2008 titled Bakha Singh alias Gurbax Singh Versus State of Haryana and others. The matter pertains to the appointment of office of Lambardar and the learned single Judge did not find any fault with order dated 26.5.2009 (Annexure P3) passed by the Financial Commissioner, Haryana (respondent No.1), who had remanded the case to the Collector. The order of Financial Commissioner shows that numerous Letters Parent Appeal No.676 of 2009(O&M) 2 facts were highlighted before him, which were not considered by the Collector. The aforesaid facts and circumstances crucial to the decision, for example acquittal of Dharam Pal-respondent No.4 in various criminal cases were required to be taken into account and were required to be determined whether it would still entail a stigma on the basis of material on record.
Having heard the learned counsel, we are of the view that the course adopted by the learned single Judge up-holding the order dated 26.5.2009 (Annexure P3) passed by the Financial Commissioner relegating the parties to the Collector for consideration of various facts does not suffer from any legal infirmity warranting interference of this Court. There is, thus, no merit in this appeal.
Dismissed.
(M.M.Kumar)
Judge
29.7.2009 (Jaswant Singh)
AS Judge