CWP No.19573 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.19573 of 2010 Date of decision : 1.4.2011 Mohan Lal ........Petitioner Vs. Deputy Commissioner/Collector, Ambala and another .......Respondents CORAM : HON'BLE MR.JUSTICE AJAI LAMBA Present:- Mr.Bhag Singh, Advocate, for the petitioner Mr.S.S.Nara, Senior DAG, Haryana Mr.Sushil Bhardwaj, Advocate, for respondent No.2 --- AJAI LAMBA, J (Oral) : In an appeal filed before Collector, Ambala against appointment of Chowkidar for village Niharsi, Tehsil and District Ambala by respondent No.2, decision was rendered on the same day i.e. 30.4.2010 without hearing the petitioner Mohan Lal, one of the contestents. It is the conceded position of the respondent that indeed no notice was given to the petitioner. It is settled principle of law that in an appeal particularly when the same is to be allowed, the respondent is required to be given an opportunity of hearing. By virtue of the order passed by Deputy Commissioner, Annexure P-2, rights of the petitioner have been affected. The appeal has been allowed at the back of the petitioner. In view of the above, the writ petition is allowed, order Anneuxre P-2 is hereby quashed. Matter is remanded to Deputy Commissioner, Ambala with direction to hear both the sides and only thereafter, take a CWP No.19573 of 2010 -2- decision vide speaking order, which is required to be conveyed to the parties. The parties are directed to appear before Deputy Commissioner on 25.4.2011. Decision on the appeal be taken within two months thereof. (AJAI LAMBA) JUDGE 1.4.2011 akm