[Cites 6, Cited by 0]
Punjab-Haryana High Court
Nika Singh vs State Of Punjab And Others on 17 March, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
105 CWP-6172-2026
Date of Decision : March 17, 2026
NIKA SINGH -PETITIONER
V/S
STATE OF PUNJAB AND OTHERS -RESPONDENTS
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Vikram Jeet Singh, Advocate
for the petitioner.
Mr. Sahil R. Bakshi, A.A.G., Punjab.
Mr. Amardeep Singh Mann, Advocate
for the respondent No.4.
Mr. Sheesh Pal Singh, Advocate
for the respondent No.5.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant writ petition, the petitioner, a sexagenarian
senior citizen, assails the order dated 14.08.2024 (Annexure P-3) passed by
the respondent No.2- Maintenance Tribunal, whereby his application under
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 (hereinafter referred to as "the Act of 2007") was dismissed. The
petitioner also challenges the order dated 20.02.2025 (Annexure P-5) passed
by the respondent No.3- Appellate Tribunal, whereby his statutory appeal
preferred under the provisions of the Act of 2007 was also dismissed.
2. The principal contention advanced by learned counsel for the
petitioner is that the impugned order dated 20.02.2025 has been passed by
an authority devoid of statutory jurisdiction, and therefore, warrants
interference on this ground alone. It is submitted that, in view of the Punjab
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Government Notification bearing No. 8/10/2008-8SS/542 dated 15.07.2008,
and in exercise of powers conferred under Sections 7(1)&(2) and 15(1)&(2)
of the Act of 2007, the Governor of Punjab constituted the Maintenance
Tribunals/Appellate Tribunals. Their jurisdictions for the implementation of
the Act of 2007 are as under:-
Sr. No. Name of the Tribunal Jurisdiction Presiding Officer of the
Tribunal
1. Maintenance Tribunal Sub Division of the Sub Divisional
District concerned Magistrate of the area
concerned
2. Appellate Tribunal District concerned District Magistrate of
the area concerned
3. Consequently, it is submitted that since the impugned order
dated 20.02.2025 has not been passed by the statutory authority, i.e.
District Magistrate, rather has been passed by an authority exercising sub-
delegated powers, i.e. Additional Deputy Commissioner, Rupnagar, it
deserves to be set aside.
4. This Court posed a specific query to learned State counsel as
to whether, under the statutory provisions, the District
Magistrates/Presiding Officers of the Appellate Tribunals are competent
to sub-delegate the quasi-judicial functions and powers vested in them by
statute. Learned State counsel has fairly conceded that such functions and
powers cannot be sub-delegated.
5. Moreover, learned State counsel has furnished a copy of the
instructions dated 27.10.2025, issued by the Directorate Social Security
and Women & Child Development, Punjab, wherethrough it has been
categorically clarified to all the concerned authorities that the District
Magistrates/Presiding Officers of the Appellate Tribunals constituted
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under the Act of 2007 are not authorized to sub-delegate their quasi-
judicial functions and powers to any subordinate or other officer,
irrespective of rank or competence. The relevant portion of the
instructions is extracted hereunder:-
"To
All District Magistrates/Presiding Officers,
Appellate Tribunal Constituted under Sections 15(1) &
15(2) of The Maintenance and Welfare of Parents and
Senior Citizens Act, 2007.
No. P-3(SS)/2025/82189
Dated, Chandigarh 27-10-2025
Sub: Implementation of the Hon'ble High Court Order dated
26.09.2025 in CWP No. 27866 of 2025 - Davinder Singh vs.
Additional District Magistrate & Others.
In continuation of this Department's Notification No.
8/10/2008-8SS/798 dated 27th August 2008, (Flag-A) whereby the
District Magistrates were designated as Presiding Officers of the
Appellate Tribunals constituted under The Maintenance and
Welfare of Parents and Senior Citizens Act, 2007, attention is
invited to the recent directions issued by the Hon'ble Punjab and
Haryana High Court, Chandigarh, in CWP No. 27866 of 2025 -
Davinder Singh vs. Additional District Magistrate & Others
decided on 26.09.2025. (Flag-B)
2. The Hon'ble Court has categorically clarified that the District
Magistrates/Presiding Officers of the Appellate Tribunals
constituted under the said Act are not authorized to sub-delegate
their quasi-judicial functions and powers to any subordinate or
other officer, irrespective of rank or competence.
3. Pursuant to the said judgment, the Office of the Worthy Chief
Secretary to Government of Punjab, vide letter
No.OSD(L)/CS/2025/64708997 dated 09.10.2025, (Flag-C) has
directed that the above order be circulated to all concerned
authorities for meticulous compliance.(Copy enclosed along with
Hon'ble Court orders).
4. It is, therefore, requested to ensure strict and prompt
compliance with the aforesaid directions of the Hon'ble High
Court and the Chief Secretary's Office. It may further be ensured
that a copy of these orders is circulated to all Sub-Divisional
Magistrates under your jurisdiction for necessary action and
adherence.
5. Non-compliance may attract adverse observations from the
Hon'ble Court; therefore, the matter may be treated as Top
Priority.
Encls. As above."
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6. Mr. Amardeep Singh Mann, Advocate, and Mr. Sheesh Pal
Singh, Advocate, who record their appearance on behalf of the
respondents No.4 and 5 respectively, under memorandum of appearances
instituted before this Court today, also fairly concede that the impugned
order dated 20.02.2025 has not been passed by the statutory authority, as
prescribed under the notification dated 15.07.2008. As prayed for, learned
counsel for the respondents No.4 and 5 are permitted to file validly
executed Vakalatnamas in their favour with the Registry within 15 days.
7. In view of the above, the impugned order dated 20.02.2025
does not pass the test of legality and requires interference of this Court.
Consequently, the impugned order dated 20.02.2025 is set aside and
the matter is remanded to the District Magistrate -cum- Presiding
Officer, Appellate Tribunal, for fresh adjudication in accordance
with Section 16 of the Act of 2007. Both the parties are directed to cause
appearance before the District Magistrate -cum- Appellate Tribunal on
06.04.2026, whereupon the latter shall endeavour to decide the matter
preferably within six months, but after affording adequate opportunity of
hearing to the parties. The parties shall be at liberty to raise their
respective pleas before the Appellate Tribunal.
8. Disposed of accordingly.
(KULDEEP TIWARI)
March 17, 2026 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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