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