Jasbir Singh v. Financial Commissioner Appeals-Pb. Etc
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision:- 24.05.2018 Jasbir Singh
...Petitioner
Versus
Financial Commissioner, Appeals, Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Abhishek Singla, Advocate, for the petitioner.
Mr. Bhupender Beniwal, Assistant Advocate General, Punjab. * * * * AVNEESH JHINGAN, J. (ORAL) This writ petition was disposed of vide order dated 04.05.2017. While disposing of the writ petition, this Court took note of the fact that in office of Financial Commissioner despite pronouncement of various orders and after applying the certified copy, the aggrieved parties are not provided with the same. It was ordered that the affidavit should be filed with regard to procedure being adopted for supplying the certified copies of the order as well as with regard to matter which has been remanded back and how much time is being consumed for supplying the certified copies of the order. It was further asked that in the matter where the judgement is reserved, either a date of pronouncement is given or the same is notified in the list for pronouncement. 2.
The counsels had raised a grievance that the cause list was not being uploaded on the website.
3.
An affidavit dated 22.05.2017 of Karan Bir Singh Sidhu, Special Chief Secretary & Financial Commissioner (Revenue) to Government of Punjab, Revenue, Rehabilitation and Disaster Management Department was filed. In the affidavit, it has been stated that there was no software for uploading the judicial proceedings and cause list on the web portal. During the hearing, the learned State counsel on instructions has stated that now the cause list is being uploaded on the website. The learned counsel for the petitioner stated that there are problems regarding opening the website and even the complete cause lists are not uploaded.
4.
The respondents would take appropriate steps to ensure the proper functioning of the website and to see that the complete cause list is uploaded on daily basis. 5.
With regard to the reserved cases, it has been stated that no date of pronouncement is given, but the decision/orders are communicated to the counsel for the parties. In order to reduce the confusion and put an end to uncertainties of the parties, it would be appropriate that either the date of pronouncement of an order is fixed or the pronouncement cases are duly shown in the cause list.
6.
Para 3 of the affidavit deals with regard to the remand cases and the procedure followed therein. It has been stated that where a date is fixed to appear before the Lower Court, the case is immediately sent to the concerned Court by the dispatcher of vernacular office.
7.
So far as the certified copies of the Lower Court record or the certified copies of the orders are concerned, the respondents have stated that provisions of 3.16 of the Punjab Copying Agency Manual are duly being followed. In case, where the record is available, the certified copies are supplied and
in case the original record of the document in question is not available, the application is returned to the concerned applicant. It would be desirable that the said provision is duly complied with.
8.
While dealing with this roster, it has time and again been pointed out in various cases that no receipts or diary numbers are issued for the revision or the appeal filed in the office of the Financial Commissioner, Punjab. There is no doubt that the concerned officer will look into the matter and ensure that the proper receipt or at least a diary number is given with regard to every appeal or revision filed in the office. 9.
The writ petition is accordingly disposed of. (AVNEESH JHINGAN) JUDGE 24.05.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No