Punjab-Haryana High Court
A.S.Chahal And Others vs Chandigarh Administration And Another on 9 October, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No. 22462 of 2013
Date of Decision: 09.10.2013
A.S.Chahal and others ..Petitioner
Versus
Chandigarh Administration and another ..Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE.
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Thakur Kartar Singh, Advocate, for the petitioner.
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SANJAY KISHAN KAUL C.J. (Oral)
The grievance made in the present Public Interest Litigation is that the Police Complaints Authority (PCA) appointed in pursuance to the judgment of the Supreme Court in case Prakash Singh and others Vs. Union of India and others 2006(8) S.C.C. 1, has completed its tenure on 29.09.2013 but neither any replacement has been made nor its term extended.
2. Notice of motion.
3. Mr. Sanjay Kaushal, learned Senior Standing Counsel for Union Territory, Chandigarh accepts notice on behalf of the respondents and submits that there have been certain issues with regard to the functioning of the said authority inasmuch as it has exercised the jurisdiction beyond what is vested in it. Civil Writ Petition No. 22462 of 2013 [2]
4. In our view the aforesaid can hardly be a reason not to continue with the authority, as there may be errors in passing the orders by any authority and for that reason the authority itself cannot be done away with.
5. We are thus of the view that Chandigarh Administration should make necessary arrangements to either extend the tenure of the existing authority or appoint a new person to the said authority in accordance with law within a maximum period of one month from today.
Petition stands disposed of in the aforesaid terms. A copy of the order be given dasti to learned Senior Standing Counsel for Union Territory, Chandigarh under the signatures of the Bench Secretary.
(SANJAY KISHAN KAUL) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) 09.10.2013 JUDGE 'ravinder' Sharma Ravinder 2013.10.10 11:44 I attest to the accuracy and integrity of this document