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news details
Fine imposed on Patwaris under PSGA
HC stays DC Kishtwar's orders
2/21/2018 10:10:27 PM
Early Times Report

Jammu, Feb 21: The Jammu and Kashmir High Court bench of Justice Dhiraj Singh Thakur stayed the order of Deputy Commissioner Kishtwar imposing fine of Rs. 65000/- each on two Patwaris namely Kewal Krishan and Rehan Nawaz under Public Service Guarantee Act (PSGA) through 26 different orders dated 3-2-2018 and issues notices to the respondent to file the objections and fixed 19-3-2018 as next date of hearing for the case.
As per the details available with Early Times, Advocate Faheem Shokat Butt counsel of the petitioners pledged before the court that the Deputy Commissioner Kishtwar vide 26 different orders all dated 3-2-2018 imposed fine of Rs. 5000 in each case upon the petitioners under the provision of Section 11 of J&K PSGA 2011 for not providing the Services to the eligible persons. The counsel of the petitioner stated that the aggrieved of the orders impugned all dated 3-2-2018, the petitioners are assailing the same before the Court on the grounds that Section11of the aforesaid act can be invoked only by second appellate authority against the designated officers or first appellate authority. He stated that the petitioners are not designated authority and in the instant case by virtue of SRO- 224 dated 21-07-.2011 issued by General Administrative Department, the NaibTehsildar concerned have been appointed as designated authority and Tehsildar and Additional Deputy Commissioner concerned have been appointed as first and second appellate authority respectively.
He stated that no such appeal either first or second has been filed by any eligible person added that thus the Deputy Commissioner Kishtwar in the first instance cannot invoked Section 11 against the petitioners and otherwise also he is not appellate authority in the instant case as such he cannot invoke Section 11of the PSGA. He stated that the Orders impugned are liable to be quashed yet on another ground that before passing impugned order, no opportunity of being heard has been given to the petitioners thus the orders impugned have been passed against the principles of natural justice.
After hearing the counsel of the petitioner at length, Justice Dhiraj Singh Thakur stayed the orders passed by DC Kishtwar who has been designated as Respondent No. 2 while Tehsildar Nagsini and Padder were designated as Respondent No. 3 & 4 along with state as respondent No 1 through Commissioner /Secretary to Government Revenue Department.
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