STATE OF PUNJAB Vs. S GIAN SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent raises the question whether the Punjab Tahsildari Rules, 1932, have been abrogated by the Government of India Act, 1935 or the Constitution of India.

(2.) Shri Gian Singh petitioner, officiating Tahsildar, was dismissed by the Financial Commissioner on 26-10-1953, and the order of dismissal was confirmed by the State Government on 6-3-1956. The petitioner then presented a petition under Art. 226 of the Constitution which came up for hearing before a learned Single Judge of this Court. The learned Single Judge came to the conclusion that although the petitioner was afforded a reasonable opportunity of being heard before the order of dismissal was passed, the order of dismissal could not be upheld as it was passed by the Financial Commissioner in exercise of powers conferred by the Punjab Tahsildari Rules which had ceased to exist. In this view of the case the learned Single Judge accepted the petition and declared that the order of dismissal passed by the Financial Commissioner was void and of no effect. The State Government has appealed and the question for this Court is whether the Court below has come to a correct determination in point of law.

(3.) Mr. Mahajan, who appears for the petitioner in the present case, frankly admits that his client was afforded a reasonable opportunity of having his say, and the only question, which requires decision, therefore is whether the Punjab Tahsildari Rules, 1932 are void and of no effect.