JAIPAL SINGH Vs. PUNJAB MANDI BOARD AND ORS.

JUDGEMENT

(1.) Through the present petition, the petitioner seeks quashing of order dated 06.08.2013 (Annexure P-6), passed by respondent no. 2, whereby, his promotion to the post of Accountant has been recommended to be cancelled.

(2.) Shorn of unnecessary details, the relevant facts, which need to be noticed are that vide resolution dated 01.10.2012, passed by the Market Committee, Banur, the petitioner was sought to be promoted as Accountant. However, when the resolution was scrutinized by the District Mandi Officer, SAS Nagar, he found that the petitioner was not eligible for being promoted as Accountant, and therefore, a recommendation dated 06.08.2013 (Annexure P-6) was made for cancellation of the resolution dated 01.10.2012, passed by the Market Committee, Banur. While forwarding a copy of the recommendation to the Secretary, Market Committee, Banur, the District Mandi Officer ordered that the resolution dated 01.10.2012 be stayed till further orders to be passed by the Secretary of the Punjab Mandi Board (hereinafter referred to as the Board).

(3.) The above referred recommendation dated 06.08.2013 (Annexure P-6) is challenged through the present writ petition. At the very outset, counsel for the respondents has raised a preliminary objection to the very maintainability of the present petition at this stage before this Court. He submits that the impugned order dated 06.08.2013 (Annexure P-6) is only a recommendation and the procedure as prescribed under Section 33 (4) of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the Act) is yet to be followed as the recommendations are yet to be considered by the Board and thereafter, along with comments of the concerned Market Committee, if any, the entire matter is to be placed before the Government for taking a final decision thereupon. It is thus submitted that the present petition being premature is, at this stage, liable to be dismissed.