Punjab and Haryana High Court raps Rewari DM for approving clerk's noting

Saurabh Malik

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Chandigarh, July 27

Rapping the Rewari District Magistrate for simply approving a clerk’s noting on a plea for grant of arms licence, instead of taking a conscious decision, as directed earlier, the Punjab and Haryana High Court has asserted that his action was “highly deprecable”.

Setting a 10-day deadline for a “decision” on the plea by passing a “speaking and reasoned order”, Justice Jaishree Thakur of the High Court also made it clear that the failure to do the needful would entail costs of Rs 20,000 to be paid by the District Magistrate from his pocket.

The ruling by Justice Thakur came on a petition filed by the applicant against Haryana state and other respondents, challenging the order dated September 3, 2020, passed on the plea. Among other things, it was submitted that noting prepared by a clerk would not constitute a conscious decision taken by the District Magistrate concerned.

The petitioner’s counsel said the decision was not taken on the application for grant of licence, following which a petition was filed in the HC. The petition, seeking an early decision on her application for the licence before the authorities concerned, was disposed of by the HC vide order dated August 25, 2020, directing respondent-District Magistrate to take a final decision.

Justice Thakur asserted a detailed noting by the clerk was put up for approval before an assistant. He approved the noting and put it up before the City Magistrate. He, in turn, placed it before the District Magistrate. He approved the noting before down marking the file.

Justice Thakur said: “That order would not constitute as an opinion of the District Magistrate itself by any stretch of imagination. Such a practice adopted by an officer of the rank of a District Magistrate is highly deprecable, especially when there was a specific direction of this court to the District Magistrate, Rewari, to take a final decision on the application of the petitioner.”

Allowing the petition, Justice Thakur directed the setting aside of the proceedings following the noting dated August 19, 2020, which eventually resulted in the passing of the impugned order.

It’s highly deprecable

Such a practice adopted by an officer of the rank of a District Magistrate is highly deprecable, especially when there was a specific direction of this court to the District Magistrate, Rewari, to take a final decision on the application of the petitioner. — Justice Jaishree Thakur, Punjab & Haryana HC