OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner who is document writer at sub Tehsil Longowal, Tehsil and District Sangrur was granted document writing licence No. 1/DWL/89 in the year 1989 under the Punjab Document Writers Licencing Rules, 1961 (for brevity 'the Rules') by the Registrar cum Deputy Commissioner, Sangrur. He has been working as Document Writer since then at sub Tehsil Longowal. He also holds the licence of Stamp Vendor under the Punjab Stamp Vendors Licensing Rules, 1934. He is aggrieved by the order dated 12.5.2002 passed by the Registrar cum-Deputy Commissioner, Sangrur ( Annexure P.1) cancelling his deed writing licence and order dated 17.9.2007 (Annexure P.7) passed by the Financial Commissioner (Revenue) upholding the order dated 12.5.2002 despite the fact that the Commissioner, Patiala Division, Patiala has reversed the order of the Registrar cum Deputy Commissioner vide his order dated 17.3.2004 (annexure P.6).

(2.) THE petitioner was served with a show cause notice on 26.3.2002 by the Collector cum Addl. Deputy Commissioner, Sangrur alleging that a report dated 7.3.2002 has been sent by the Sub Divisional Magistrate, Sangrur to the effect that the petitioner was not working as document writer in the sub Tehsil Longowal for the last about two weeks and before that he was not working for a long time. On account of his non working the people of Longowal were facing great difficulty in purchasing stamps. The petitioner sent reply but the same was not considered satisfactory by the Registrar -cum-Deputy Commissioner, Sangrur and accordingly he passed a cryptic and non speaking order on 12.5.2002 which reads thus :

(3.) WE have the learned counsel for the parties at some length. The provisions of the Rules do not envisage cancellation of licence issued to a document writer licence on the ground of absence from his place of work. Rule 14 of the Rules has listed conditions of licence and Rule 15 of the Rules provide for penalty for breach of those conditions. Rules 14 and 15 of the Rules are reproduced hereunder for facility of reference :