CWP No.16081 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16081 of 2009 Date of decision:04.11.2009. Tarvinder Singh ..... Petitioner VERSUS Punjab State Electricity Board and others .... Respondents CORAM:Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia. Present: Mr.Vivek Sharma, Advocate for the petitioner. Mr.Anil Kumar Sharma, Addl.A.G., Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Short reply filed by way of affidavit of Vijay Kumar, Assistant Executive Engineer (Commercial), Industrial Division, Punjab State Electricity Board, Amritsar, is taken on record. Punjab State Electricity Board was aggrieved against the order passed by Chief Electrical Inspector dated 13.11.2009 and preferred an appeal. The appeal was given docket No.MAB-23/2008 and was listed before the Commissioner, Patiala Division, Patiala. Commissioner, Patiala Division, Patiala, accepted the appeal when it was listed for the first time. No notice of the appeal was issued to the petitioner. It will be apposite here to reproduce the relevant portion of the order of the Commissioner, Patiala Division, Patiala: - I have gone through all the papers produced before me and heard the arguments advanced by counsels, carefully. On close perusal of the papers and arguments, it is observed that the Chief CWP No.16081 of 2009 -2- Electrical Inspector, Punjab has passed the order, under challenge, without any basis and even without any competence and as such, I have no other option than of accepting the appeal and setting aside the order under challenge. Accordingly, I accept this appeal and set aside the order of the Chief Electrical Inspector, Punjab dated 13.11.2009, in this case in limine. It is apparent that no opportunity of hearing was afforded to the petitioner who was impleaded as respondent. The appeal was accepted without associating the petitioner with the proceedings, therefore, the order passed by the respondent No.3 cannot be sustained and is liable to be set aside. Therefore, it is ordered accordingly. Having set aside the order, it is ordered that the Appellate Authority shall hear the parties and will pass the order on the merits. Parties shall appear before the Appellate Authority on 18.11.2009. In view of the observations made above, present writ petition is accepted. 04.11.2009 (Kanwaljit Singh Ahluwalia) shamsher Judge