TEJINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition has been filed against the orders dated 13.8.2001 (Annexure P -3), 3.10.2001 (Annexure P -4) and 5.11.2001 (Annexure P -6).

(2.) THE brief facts necessary for adjudication of this petition are that the Petitioner has been issued a certificate of bona fide Himachali by the Executive Magistrate, Poanta Sahib on 12.8.1997. One Sh. Balraj Malhotra filed a complaint before the Tehsildar, Poanta Sahib for the cancellation of Himachali bona fide certificate issued in favour of the Petitioner on 12.5.1998. In sequel to the complaint, the proper inquiry was conducted by the Tehsildar, Poanta Sahib after framing the following two issues:

(3.) IT appears that not satisfied with the out come of the inquiry Annexure P -2 dated 27.9.1999, Mr. Balraj Malhotra again filed complaint before the Sub -Divisional Officer (Civil) Paonta Sahib, who ordered the Tehsildar, Poanta Sahib to again look into the matter. The Tehsildar, Poanta Sahib after inquiring into the matter furnished the report to the Sub -Divisional Officer (Civil) on 14.1.2000. Even after the completion of two inquiries in favour of the Petitioner, the Deputy Commissioner has issued memo to the SDO (Civil), Poanta Sahib on 13.8.2001. The contents of the same are required to be reproduced for better appreciation of the facts which read as under: On the inquiry report submitted to the Government by this office, the Government has desired the following action against Sh. Tejinder Singh: