CWP No.2820 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2820 of 2009 Date of Decision: 8.11.2010 Gurjant Singh .....Petitioner Vs. Deputy Commissioner, Sangrur and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Sherry K. Singla, Advocate for the petitioner. Mr. C.S. Brar, DAG, Punjab, for respondents no.1 to 3. Mr. K.L. Singla, Advocate for respondent no.4. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 10.11.2008 and 23.12.2008, passed by the Sub Divisional Magistrate, Malerkotla, Distt. Sangrur and the Deputy Commissioner, Sangrur. The petitioner, the only candidate, was appointed by the Sub Divisional Magistrate as the Chowkidar of Village Ferozepur Kuthala, Tehsil Malerkotla, Distt. Sangrur, in place of the deceased chowkidar. Piara Singh, respondent no.4, filed an application before the Sub Divisional Magistrate, praying that the order appointing the petitioner be recalled. The Sub Divisional Magistrae, Malerkotla, forwarded the application to the Deputy Commissioner, Sangrur, for grant of permission CWP No.2820 of 2009 2 to review the order of appointment. The Deputy Commissioner, Sangrur, vide order dated 23.12.2008 granted permission to the Sub Divisional Magistrate, Malerkotla, to review the order of appointment. The petitioner impugns the order passed by the Sub Divisional Magistrate, seeking permission to review his order and the order passed by the Deputy Commissioner, Sangrur, granting permission to review the order appointing the petitioner. Counsel for the petitioner submits that a chowkidar is appointed under the Punjab Chowkidara Rules, 1876 (hereinafter referred to as `the Chowkidara Rules'). The Chowkidara Rules do not confer the power of review upon any authority much less the Sub Divisional Magistrate. The Chowkidara Rules do not confer powers upon a Deputy Commissioner to grant permission to review an order passed under the Chowkidar Rules. The orders passed by the Sub Divisional Magistrate dated 10.11.2008 and the Deputy Commissioner dated 23.12.2008 are, therefore, a nullity and should be set aside. Counsel for respondent no.4, on the other hand, submits that as the Deputy Commissioner is the appellate authority, he has the power to grant permission to review the order of appointment. It is further submitted that as respondent no.4's application for appointment as Chowkidar was not considered, the Sub Divisional Magistrate rightly passed an order requesting the Deputy Commissioner to grant permission to review the order appointing the petitioner as a Chowkidar. I have heard counsel for the parties and perused the impugned orders. The power to review can only be exercised if conferred by CWP No.2820 of 2009 3 statute or by rule. In the absence of any provision in the Chowkidara Rules, conferring the power of review upon the Sub Divisional Magistrate or upon the Deputy Commissioner to grant a permission to review an order, neither the Sub Divisional Magistrate nor the Deputy Commissioner had any jurisdiction to pass the impugned orders. The Sub Divisional Magistrate and the Deputy Commissioner passed the impugned orders under a mistaken belief that they are exercising powers under the Punjab Land Revenue Act, 1887, which confers such a power. In the absence of any power of review conferred upon the Sub Divisional Magistrate or upon the Deputy Commissioner to grant such a permission to review an order, the impugned orders are a nullity and must, therefore, be set aside. As a consequence, the writ petition is allowed, orders dated 10.11.2008 and 23.12.2008 are set aside leaving it open to respondent no.4 to seek his remedy in accordance with law. No order as to costs. 8.11.2010 (RAJIVE BHALLA) GS JUDGE