Saurabh Malik

Tribune News Service

Chandigarh, November 10

The Punjab and Haryana High Court has passed a stricture against the Haryana Commissioner for Persons with Disabilities for acting beyond the powers vested in him, pretending to be a court and hijacking the functioning of the government department.

The admonishment by Justice Rajive Narain Raina came on a petition filed by the Department of Renewable Energy against the State Commission for Persons with Disabilities and other respondents. The case revolves around a complaint alleging harassment at the workplace placed before the commission. The complainant had contended that some administrative work was withdrawn from him and had been handed over to another Class II officer.

The Commissioner initially asked the Director, Renewable Energy Department, to take cognisance of the complaint before getting it inquired into.

He was asked to prepare a report before submitting it. He subsequently passed another order withdrawing the earlier order before taking upon himself the power to inquire into the complaint.

Taking up the matter, Justice Raina asserted that he had no doubt in his mind that the Commissioner had acted beyond the powers vested in him in passing the impugned orders. He was pretending to be a court as suggested by his orders, he noted.

“He has virtually hijacked the functioning of the government department, which is impermissible in the law. All orders are non-est (non-existent), illegal and therefore, deserve to be quashed as they amount to interference in administration,” he stated.

Justice Raina observed that during the course of the hearing, advocate Yashdeep Nain was appointed by the court to act as local commissioner for visiting the respondent-complainant’s office to see for himself the working conditions before submitting his report.

Taking on record the inspection report filed in compliance with the court order, Justice Raina said he did not find anything remiss in the circumstances, which could be construed as harassment at his workplace.

“If the respondent contends that some administrative work has been withdrawn, it is neither the business of the Commissioner nor the court to rearrange administrative work assigned by the competent authority. It is only internal office arrangements,” he noted.

Quashing the orders, Justice Raina made it clear that the same would not be read against the respondent in any manner and would not prejudice him in his future career as the court had only looked into the issue of jurisdiction.

“It has been decided by this court as to whether the Commissioner for Persons with Disabilities had any authority to issue the impugned orders and directions to the government department as though he was a court of law,” Justice Raina observed.

Source: http://www.tribuneindia.com/news/haryana/stricture-against-top-officer/321456.html