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(2025) Law Today Live Doc. Id. 21099
Decided on: 26.09.2025
Present:
Mr. Raj Kumar Kakkar, Advocate (Through V.C.) for the petitioner.
Mr. Sahil R. Bakshi, A.A.G., Punjab.
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Senior Citizens -- Appellate Tribunal -- District Magistrates/Presiding Officers of Appellate Tribunal are not authorized to sub-delegate quasi-judicial functions and powers vested in them under Act of 2007.
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Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Sections 7, 15 -- Appellate Tribunal -- Quasi-judicial powers – Delegation of – Permissibility of -- District Magistrates/Presiding Officers of Appellate Tribunal constituted under notification dated 15.07.2008 are not competent to delegate or sub-delegate quasi-judicial functions and powers to any subordinate or other officer irrespective of rank or competence -- Order passed by Additional District Magistrate set aside and matter remanded to District Magistrate-cum-Appellate Tribunal for fresh adjudication under Section 16 of Act of 2007.
(Paras 4-6)
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KULDEEP TIWARI, J. (ORAL) –
1. In view of the Punjab 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 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘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 District concerned |
Sub Divisional Magistrate of the area concerned |
|
2. |
Appellate Tribunal |
District concerned |
District Magistrate of the area concerned |
2. It has come to the notice of this Court that some of the District Magistrates/Presiding Officers of the Appellate Tribunal, as constituted through the notification (supra), have now sub-delegated their quasi-judicial functions and powers to Additional District Magistrates or other officers. The order impugned through the instant writ petition has also been passed by an authority exercising such sub-delegated powers, i.e. by the Additional District Magistrate, Fazilka.
3. 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 Tribunal 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.
4. In summa, the impugned order dated 15.07.2025 (Annexure P- 7), as passed by the Additional District Magistrate-cum-Appellate Tribunal, Fazilka is hereby set aside and the matter is remanded to the District Magistrate-cum-Appellate Tribunal, Fazilka, for fresh adjudication in accordance with Section 16 of the Act of 2007.
5. It is hereby clarified that the District Magistrates/Presiding Officers of the Appellate Tribunal, constituted through the notification (supra), are not authorized to sub-delegate their quasi-judicial functions and powers to any subordinate or other officer, irrespective of rank or competence.
6. Registry is directed to send a copy of this order to the Chief Secretary, Government of Punjab, thereby enabling him to circulate it further to all the authority(ies) concerned for meticulous compliance.
7. Disposed of accordingly.
Order accordingly.
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