Decided on May 14,2012

Shamsher @ Jamoora S/O Sri Asgar Appellant
S.D.M. Roorkee, District Haridwar And Another Respondents


B.S. Verma, J. - (1.) HEARD Sri Parikshit Saini, Advocate for the petitioner and Mr. K.C. Tewari, Brief Holder on behalf of the respondents. By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 19 -8 -2009 passed by Commissioner Garhwal Mandal, in Appeal No. 17 of 2008 -09 Shamsher Vs. S.D.M. Roorkee and others contained as Annexure No. 9 to the writ petition and the order dated 25 -6 -2009, passed by respondent No. 1, S.D.M. Roorkee, contained in Annexure No. 6 to this writ petition.
(2.) THE learned counsel appearing on behalf of the petitioner has placed reliance upon the judgment passed by the Division Bench of this Court in Special Appeal No. 25 of 2011, Satyapal Singh versus Commissioner Garhwal Mandal, Garhwal and others, and has submitted that the impugned orders are liable to be quashed on this ground alone that the inquiry was not made by the competent Officer. In the above cited case the Division Bench of this Court has held that no enquiry was conducted by the authority competent to enquire i.e. Up Zila Adhikari. He merely issued a show cause on the strength of a report submitted by the Naib Tehsildar. After receiving reply to show cause, it was obligatory on the part of Up Zila Adhikari to enquire the matter. The Up Zila Adhikari utterly failed ad neglected to discharge his said obligation. By giving a go by to all canons of law, Up Zila Adhikari purported to conclude the enquiry by relying upon the enquiry report of Naib Tehsildar. Therefore, the Division Bench of this Court has held that Naib Tehsildar is not competent to make inquiry and after the enquiry of Naib Tehsildar the Up Zila Adhikari has to make an enquiry himself and the order passed by authority without an enquiry not made by competent person was held to be without jurisdiction.
(3.) IN the case at hand, by a perusal of C.A. -1 annexed with the counter affidavit, it reveals that the enquiry was conducted by the Supply Inspector Bhagwanpur and Supply Inspector Roorkee/Narsan, jointly and no enquiry has been conducted by the S.D.M. Roorkee, himself.;

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