CWP No.8484 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.8484 of 2006 (O&M) Date of Decision: 19.7.2010 Nachhattar Singh .....Petitioner Vs. Financial Commissioner Appeals, Punjab, Chandigarh and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. R.S. Chauhan, Advocate for the petitioner. Mr. C.S. Brar, DAG,Punjab, for respondents no.1 to 3. Ms. Pooja Chopra, Advocate for respondent no.4. .... RAJIVE BHALLA, J (Oral) CM No.17732 of 2009 Counsel for the parties pray that instead of fixing an actual date for hearing, the writ petition may be decided, as a part of the controversy, namely: the maintainability of the revision before the Financial Commissioner is covered by a judgement of this court recorded in CWP No. 2511 of 2010 Gurdial Singh V. Collector, Ludhiana and others decided on 11.2.2010. In view of the prayer made by counsel for the parties, the application is allowed and the writ petition is taken on board for final disposal. CWP No.8484 of 2006 2 CWP No.8484 of 2006 Prayer in this petition is to issue a writ in the nature of Certiorari for quashing orders dated 10.7.2003, 20.8.2004 and 7.3.2005, passed by the District Collector, Sangrur, the Commissioner, Patiala Division, Patiala and the Financial Commissioner Appeals-I,Punjab. Counsel for the petitioner submits that the Commissioner and the Financial Commissioner have dismissed the petitioner's appeal and revision respectively by holding that the Punjab Chowkidara Rules, 1876 do not provide a forum of appeal or revision against an order passed by the Deputy Commissioner. It is submitted that in CWP No.2511 of 2010 Gurdial Singh V. Collector, Ludhiana and others, decided on 11.2.2010, it has been held that the Financial Commissioner is empowered, in view of his powers under Section 16 of the Punjab Land Revenue Act to entertain a revision, so as to examine the validity of the appointment of a chowkidar. Counsel for the respondents does not deny the correctness of the assertions made by counsel for the petitioner. In view of what has been noticed herein above, the writ petition is allowed, the order dated 7.3.2005 is set aside and the matter is remitted to the Financial Commissioner Appeals,Punjab, Chandigarh, to decide the matter afresh and in accordance with law. While proceeding to consider the validity of the order passed by the Deputy Commissioner,the Financial Commissioner shall also record an opinion, whether an appeal is maintainable before the Commissioner. Parties are directed to appear before the Financial Commissioner, Appeals, Punjab, Chandigarh, on 6.9.2010. The Financial Commissioner shall decide the revision, within three months from the date CWP No.8484 of 2006 3 of receipt of a certified copy of this order and till then,the petitioner shall continue to work as the chowkidar. 19.7.2010 (RAJIVE BHALLA) GS JUDGE