KAPUR SINGH Vs. MOTIRAM

JUDGEMENT

(1.) THE point referred to the full bench in this case is as to whether appeals in cases relating to appointment and dismissal of lumberdars against the decisions of the Divisional Commissioners should be entertained by the Board or not.

(2.) THE genesis of the reference lies in the fact that vide notification No. F. 26 (8) S. L. /54 dated 13th May, 1953, the Government delegated the powers of creation and abolition of lumberdars and appointments and dismissals of lumberdars to the Divisional Commissioners in their respective divisions. By a subsequent notification of even number dated 3rd December, 1953, it was decided by the Government that "in partial modification of the 13th May, 1953 notification, the Government have been pleased to order that the powers relating to the appointment and dismissal of lumberdars vested in the S. D. O. 's and Tehsildars shall continue to be exercised by them and the Divisional Commissioners shall be the final appellate authority in these matters. " THE Revenue Secretary while forwarding a copy of this notification to the Secretary, Board of Revenue added that the Board of Revenue shall not entertain appeals against the orders of the Divisional Commissioners in such cases. THE Division Bench which heard the present appeal has accordingly made a reference on the point.