HC: Appoint Financial Commissioner (Appeals)

Vijay Arora

Shimla, March 31

To provide proper adjudication of cases pending before quasi-judicial authorities, the High Court has directed the state government to appoint or post suitable officers having legal background as Commissioners and Financial Commissioners (Appeals).

Passing this order, Justice Rajiv Sharma observed that “the functions discharged by the revenue authorities under the HP Land Revenue Act, 1953, are quasi-judicial. Their decision is binding upon parties subject to appeal. Under the Act, in certain contingencies, revenue authorities can convert themselves into courts and their orders treated as decrees”.

The court also directed the state to appoint suitable persons as Registrars and Joint Registrars, who have legal background, as they are also exercising quasi-judicial functions under the provisions of the under the HP Co-operative Societies Act.

The court passed this order on a petition where it was alleged that without deciding the application for condonation of delay in filing the appeal, the Divisional Commissioner passed the interim order in a revenue matter. Aggrieved from this order, the petitioner filed the appeal before the Financial Commissioner (Appeals), who also dismissed the appeal.

The court said in the said case, the appeal was required to be filed within 60 days. However, the fact was that the appeal was filed beyond this period and an application under Section 5 of the Limitation Act was also preferred alongwith the appeal. The divisional commissioner was required to adjudicate upon the application filed under Section 5 of the Limitation Act, before staying the operation of order passed by the Collector.

While setting aside the order passed by the Divisional Commissioner and Financial Commissioner (Appeals), the court further observed that “the application for condonation of delay is to be adjudicated before the appeal is taken up for hearing. The valuable right has accrued to the petitioner after the expiry of the period of limitation in filing the appeal before the divisional commissioner. The financial commissioner (appeals), came to the wrong conclusion that there was no miscarriage of justice and illegality or irregularity. The order passed by the Divisional Commissioner, besides being irregular, is illegal. The orders… are without jurisdiction. The assistant collector, collector, commissioner, financial commissioner (appeals) discharge quasi-judicial functions under the HP Land Revenue Act, 1953”.