NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court impugning the order dated 26.11.2008 (Annexure P-8) passed by the Collector, Hissar, order dated 18.3.2009 (Annexure P-9) passed by the Commissioner, Hissar Division, Hissar, rejecting his appeal and orders dated 31.3.2010 and 18.5.2010 (Annexures P-10 and P-12) passed by the Financial Commissioner-cum- Principal Secretary to Government of Haryana, Revenue and Disaster Management Department, rejecting the revision petition preferred by the petitioner on the ground that the same is not maintainable under the Statutory Rules.

(2.) DURING the course of argument, counsel for the petitioner has referred to Appendix C to Rule 18(1) of the Haryana Revenue Patwaris (Group C) Service Rules, 1981 (hereinafter referred to as '1981 Rules') to contend that the Financial Commissioner-cum-Principal Secretary, Government of Haryana, Revenue Department could have treated the revision petition preferred by the petitioner as a second appeal against the order of the First Appellate Authority i.e. the Commissioner. The claim of the petitioner has been rejected on technical grounds merely because of the nomenclature used by the petitioner while preferring his second appeal. He contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Financial Commissioner-cum-Principal Secretary, Department of Revenue, Haryana-respondent No.1 to consider the revision petition preferred by him, which has been rejected vide order dated 31.3.2010 as not maintainable, to be a second appeal and decide the same on merits within some specified time.

(3.) I have heard the submissions made by the counsel for the parties and gone through the records of the case.