GOVT OF DELHI Vs. HARBIR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17th July, 2007 passed by the learned Single Judge whereby the learned Single Judge has remanded the matter to the Financial Commissioner which is the appellate authority to examine the contentions raised and decide the same in accordance with law.

(2.) THE respondents were allotted/issued a kerosene oil depot licence by the Department of Food and Civil Supplies. The aforesaid licence of the respondent was sought to be cancelled by the Commissioner, Food and Civil Supplies by order dated 9th May, 2001. The said order was challenged on several grounds, which are referred to in the impugned order passed by the learned Single Judge. The impugned order records the contentions raised by the learned counsel for the parties.

(3.) THE learned Single Judge, however, without going into the merits or disputes as raised before him held that the aforesaid order passed by the Commissioner, Food and Civil Supplies is an appeasable order as provided for under clause 8 (6) of the Control Order providing that any person aggrieved by the order of the Commissioner (Food and Supplies) passed either in his capacity as Commissioner or suo moto revising the order of an officer subordinate to him, may prefer an appeal in writing before the Financial Commissioner, Delhi Administration, Delhi. Since the aforesaid provision was/is in existence and since the respondents had not filed any appeal on the ground that at that point of time there was no Financial Commissioner and, therefore, the respondent herein was left with no alternative but to file a writ petition, the learned Single Judge held that since the Financial Commissioner is now functioning and, therefore, the appellate authority is available. In that view of the matter, the learned Single Judge directed that an appeal should be filed by the respondents before the Financial Commissioner within two weeks as against the order canceling the licence/rejecting the application for grant of licence.