CWP No.1696 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.1696 of 2008 DATE OF DECISION: May 22, 2008 AMARJIT SINGH ...PETITIONER VERSUS PUNJAB STATE WAREHOUSE CORPORATION ...RESPONDENTS AND OTHERS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. K.S. DADWAL, ADVOCATE FOR THE PETITIONER. MR. T.D.S. SUKHIJA, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed of quashing the order (Annexure P-10) vide which the appeal of the petitioner was dismissed by the Executive Committee of the Punjab State Warehousing Corporation. Learned counsel submits that Sh. Ashok Kumar Goel, IAS who was the Managing Director of the Punjab State Warehousing Corporation had passed the order (Annexure P-8). It is contended that in the appeal also this very officer was one of the members of the Executive Committee which had passed the impugned order (Annexure P-10). It is submitted that Sh. Ashok Kumar Goel should have reclused himself from hearing the appeal of the petitioner. No written statement has been filed on behalf of the respondents. However, after hearing counsel for the petitioner we are of the considered opinion that as Sh. Ashok Kumar Goel who was the Managing CWP No.1696 of 2008 -2- Director of the Warehousing Corporation had passed the order (Annexure P-8), hence it was inappropriate for him for having heard the appeal of the petitioner being one of the members of the Committee. In view of the aforementioned facts, we quash the order (Annexure P-10) and remit the case back to the Executive Committee of the Punjab State Warehousing Corporation which shall hear the appeal on merits and decide the same. It is made clear that the Managing Director of the Punjab State Warehousing Corporation shall not be one of the members of the Executive Committee while hearing this particular appeal. It is further made clear that this order shall not have any bearing on the merits of the case. (ASHUTOSH MOHUNTA) JUDGE May 22, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE