MOTI Vs. BHOOR SINGH

JUDGEMENT

(1.) THIS is a revision against an order of the Assistant Collector, Manadalgarh, dt. 6-12-1954 in a case under sec. 6 of the Rajasthan Removal of Trees (Regulation) Ordinance, 1949.

(2.) THE opposite party did not put in appearance despite notice and hence the case was heard ex parte. We feel constrained to observe that the learned Assistant Collector did not care to hold an enquiry in the matter. THE original application was presented before him on 1-12-1953. It was forwarded to the Tehsidar for necessary action. On 22-12-1954 the Tehsil-dar submitted his report to the S.D.O. suggesting therein that the applicants be fined Rs.5/-each for cutting down the trees in dispute, as the offence was proved against them. THE Assistant Collector contented himself merely with the observation that "as the offence was proved the applicants be fined Rs. 11/- each and the value of the tree given over to the Bhomia. It has been observed by the Board in a number of cases that the S.D.O. should himself try such cases in a proper manner and should not act upon the evidence that may been recorded under his orders by any officer subordinate to him. At the most it may count to be a preliminary enquiry and the S.D.O. cannot be absolved of the responsibility to conduct the enquiry himself. He should record the evidence, inspect the site, if necessary, examine the parties and after a careful scrutiny of the entire evidence, make up his mind as to the final decision which should be given in the case. Accepting ready-made suggestion put up before them by the subordinates in judicial cases tantamount to a derogation of the authority which has no sanction behind it. Such a procedure is not only opposed to the spirit of the Ordinance, but also militates against the elementary principles of natural justice as well. We would, therefore, allow this revision, set aside the order of the lower court and remand the case back to the S.D.O. concerned with the direction that he should try it afresh in the light of the observations made above.