- (1.) In this appeal under Clause X of the Letters Patent the solitary meaningful issue is whether Shri J.S. Quami, P.C.S. holding the substantive rank of a settlement Officer at the material time had been validly delegated the powers of the Chief Settlement Commissioner under Section 34(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 ?
(2.) In view of the fact that the question aforesaid is entirely legal, a brief reference to the facts amply suffices. Sujan Singh-respondent had brought the writ petition inter alia challenging the order, Annexure P-5, whereby Shri J.S. Quami exercising the powers of the Chief Settlement Commissioner, Punjab had dismissed his revision petition. In passing, it may be mentioned that the order aforesaid was later affirmed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called 'the Act') by the Financial Commissioner (Taxation) on June 11, 1974 vide Annexure P-6.
(3.) As stands noticed by the judgment of the learned Single Judge the only contention advanced on behalf of the respondent-writ petitioner was that his revision petition under Section 24 of the Act was heard by the respondent No. 2 (Shri J.S. Quami) who was not competent to hear the same because he was not validly vested with the powers of the Chief Settlement Commissioner. This contention found favour with the learned Single Judge primarily on the ground that under Section 34(2) of the Act, the Chief Settlement Commissioner could delegate all or any of his powers to the Joint Chief Settlement Commissioner, Deputy Chief Settlement Commissioner, Settlement Commissioner and Additional Settlement Commissioner or an Assistant Settlement Commissioner. Holding that at the material time, Shri J.S. Quami was occupying the substantive rank of a Settlement Officer only, the learned Single Judge held that the powers of the Chief Settlement Commissioner could not be validly delegated to him. As a necessary consequence it was held that the order passed by Shri J.S. Quami was without jurisdiction and the same was quashed. The State of Punjab Appeals.;