DEEPA Vs. VIRJI

JUDGEMENT

(1.) This is an appeal against an order of the Divisional Commissioner, Udaipur, dated 21.7.55 in a case relating to dismissal of a village Patel.

(2.) We have heard the learned counsel appearing for the parties and have gone through the record as well. Considering the order that we are making in the case, we refrain from expressing any opinion upon the merits at this stage. Suffice to observe that the learned Collector, Banswara while submitting his report to the Commissioner did not hear the parties and forwarded the case after expressing his agreement with the views offered by the Tehsildar The learned Commissioner wrote out the word "Yes" on the margin of the forwarding letter of the Collector. Vide item No. 78, Notification No. 6952, dated 17.8.48 of the former Rajasthan the authority to dismiss Lumberdars vested in the Commissioner. It is to be exercised in a judicial and proper manner The elementary requirements of the method are that the person against whom the decision is to be made should be given an opportunity of meeting the charges levelled against him, of putting up his defence and seeking a judicial finding on the basis of the evidence that may exist on record. The procedure adopted by the learned Commissioner in the case does not at all conform to this requirement. We would therefore allow this appeal, set aside the order of the learned Commissioner and remand the case back to him with the direction that he may hear the appellant and decide the case thereafter.