Sangeet Lodha, J. - (1.) THIS writ petitions is directed against order dated 19.3.2008 of the Superintending Engineer Water Resources Circle, Hanumangarh, whereby an appeal preferred by the petitioners herein against the order dated 18.02.2008 of the Executive Engineer, Water Resources, Division -1, Hanumangarh, upholding the transfer of 69.01 bigha command and 13 bighas un -command land from Chak No. 30 M.M.K. to 29 M.M.K. stands dismissed. Learned counsel for the petitioners submits that order dated 18.02.2008 was passed by the respondent No. 4 -Paramjeet Meharda, in the capacity of Executive Engineer, Water Resources Division -1, Hanumangarh and the order impugned dated 19.03.2008 has also been passed by him, while holding the charge of post of Superintending Engineer, Water Resources Circle, Hanumangarh and thus, he has heard and disposed of the appeal against his own order and, therefore, the order impugned deserves to be set aside on this count alone.
(2.) IT is not disputed by the learned Additional Government Counsel that the respondent No. 4 while holding the charge of the post of Superintending Engineer, has decided the appeal against his own order passed in the capacity of Executive Engineer. In considered opinion of this Court, the order impugned passed by the Superintending Engineer entertaining and deciding the appeal against his own order is violative of the principle of natural justice and therefore, the same is not sustainable in the eye of law. Accordingly, the writ petition is allowed. The order impugned dated 19.03.08 is quashed and set aside. The matter is remanded to the Superintending Engineer for decision afresh in accordance with law. Needless to say that the appeal shall be, heard and disposed of by the authority other than the respondent No. 4 No order as to costs.;