Punjab-Haryana High Court
The Additional Chief ... vs Avtar Singh on 7 March, 2014
Bench: Surya Kant, Harinder Singh Sidhu
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.9950 of 2013
Date of Decision: March 07, 2014
The Additional Chief Administrator-cum-competent authority,
Patiala and another .....Petitioners
versus
Avtar Singh .....Respondent
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE HARINDER SINGH SIDHU.
****
Present : Mr.Rupinder S.Khosla, Advocate, for the petitioners.
Mr.S.S.Siao, Advocate, for the respondent.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
---
Surya Kant, J. (Oral)
The Patiala Development Authority is aggrieved by the order dated 29.03.2012 (Annexure P-1) passed by the Under Secretary to Government of Punjab, Department of Housing and Urban Development, in purported exercise of revisional powers of the State Government under the Punjab Regional and Town Planning and Development Act, 1995.
Not in one but in a series of cases the competence of the officer in the rank of Under Secretary sitting as Revisional Authority over the orders mostly passed by the members of All India Services, has been successfully raised before us.
Expression of any views on merits of the revisional order may not be expedient or in the interest of either of the parties. Suffice it would be to observe that the revision petition preferred by the respondent can be decided afresh by Kumar Mohinder 2014.03.13 14:48 I attest to the accuracy of this order Chandigarh CWP No.9950 of 2013 [2] an officer not below the rank of Special Secretary, for which directions have already been issued by this Court in other cases.
Learned counsel for the respondent fairly agrees to such modality.
Consequently, we allow this writ petition to the extent the impugned order dated 29.3.2012 is set-aside and without expressing any views on merits, the matter is remitted to the Revisional Authority-cum-State Government to decide the respondent's revision petition afresh in accordance with law and by passing a speaking order as early as possible but not later than three months from the date of receiving a certified copy of this order.
Dasti.
[SURYA KANT]
JUDGE
March 07, 2014 [HARINDER SINGH SIDHU]
Mohinder JUDGE
Kumar Mohinder
2014.03.13 14:48
I attest to the accuracy of this
order
Chandigarh