- (1.) The only question raised in this revision petition is whether the Arbitrator misconducted himself by appointing Gurcharan Singh, Assistant Research Officer to take the measurements at the spot, at the back of the petitioner by associating persons from the Department who further took the measurement at the back of the petitioner and the Arbitrator took into consideration the report submitted by Shri Gurcharan Singh while giving the award.
(2.) The factual matrix giving rise to the above question are, that the petitioner preferred a claim about 5 lac rupees for the earth work executed by him. The respondent refuted the claim and referred the matter to the arbitration of the Superintendent Engineer, Civil Construction Circle, RTP, Ropar. During the arbitration proceedings on 4th March, 1984, the Arbitrator appointed Gurcharan Singh Assistant Research Officer to report with respect to the earth filling, the extent and quality of work for the top layer. The Arbitrator further directed the Assistant Executive Engineer to assist Shri Gurcharan Singh in inspecting the area and also to provide unskilled labour for the purpose. The petitioner was never associated in the inspection.
(3.) It is not disputed that Gurcharan Singh did report to the Arbitrator after conducting the inspection taking the assistance of P.J. Arora, Executive Engineer, and the labour. It is not disputed that the report was prepared at the back of the petitioner without associating him.;