PUNJAB STATE Vs. JOGINDER NATH

JUDGEMENT

(1.) This is a reference made by the learned Additional District Judge, Kangra at Dharamsala under Section 93 (2) of the Punjab Reorganization Act, 1966.

(2.) The respondent Joginder Nath filed a suit before the Senior Sub-Judge. Kangra at Dharamsala challenging the validity of an order reverting him from the post of Head Clerk in the office of the Executive Engineer, Kangra Public Health Division, to the post of Accounts Clerk in that office. The suit was decreed by the trial court on September 12, 1966. Thereafter, on October 27, 1966, the State of Punjab preferred an appeal against the decree in the court of the learned District Judge. Hoshiarpur. On November 1, 1966, the State of Punjab was re-organized under the Punjab Reorganization Act, 1966 and the territory comprised in the District of Kangra was, under Section 5 (1) of that Act, added to the Union Territory of Himachal Pradesh. The appeal which was pending in the court of the learned District Judge, Hoshiarpur was transferred to the court of the learned District Judge. Kangra at Dharamsala, who transferred the appeal to the learned Additional District Judge there for disposal. When the appeal came on for hearing before the learned Additional District Judge, he was assailed by doubt whether he had jurisdiction to hear it as, it seemed to him, it related to the territories of the State of Punjab and should be heard by a competent court in that State. Being doubtful of his jurisdiction to hear the appeal, he has made the present Reference.

(3.) At the outset, the question arises whether the Reference is competent. It has been made under Section 93 (2) of the Punjab Reorganization Act, 1966, and it is a matter for consideration whether that provision can be invoked. Section 93 provides :