PUNJAB TOURISM DEVELOPMENT CORPORATION LTD. AND ANOTHER Vs. THE PUNJAB STATE COMMISSION FOR NRIS AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 16.01.2017.

(2.) The question raised before us is that the judgment of the learned Single Judge has given the order of the Commission a colour of a judicial order whereas the Commission in itself is not empowered to pass any order which has the effect of a judicial determination. Learned counsel for the appellants has referred to the provisions of the Punjab State Commission for Non-resident Indians Act, 2011, in particular Sections 2(c), 12, 13 and 14, which are extracted here below, to contend that at best the Commission could have made a recommendation after holding an inquiry/investigation into any complaint received by it but in no circumstances can it pass an order which would have the effect of binding two parties to a dispute so as to give it finality and an enforceable order.

(3.) In support of his contention he has referred to Subramanian Swamy v. Arun Shourie, (2014) 12 Supreme Court Cases 344 with a particular reference to paras 23, 25 and 34 that a Commission such as the one in question does not have the powers of a court even though equipped with similar trappings and the part that it has to establish any complaint in an inquiry with appropriate recommendations to the Government as a follower.