An octogenarian challenged orders of a Maintenance Tribunal and Appellate Tribunal dismissing his application to cancel a transfer deed. The State conceded that District Magistrates heading Appellate Tribunals cannot sub-delegate quasi-judicial powers. The High Court set aside the appellate order and remanded for fresh adjudication.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
103
CWP-6003-2024 Date of Decision : February 23, 2026
BACHAN SINGH
-PETITIONER
V/S
STATE OF PUNJAB AND OTHERS
-RESPONDENTS
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Raj Kumar Arya, Advocate for the petitioner.
Mr. Sahil R. Bakshi, A.A.G., Punjab.
Ms. Swati Verma, Advocate for the respondents No.4 and 5.
KULDEEP TIWARI, J. (ORAL)
DEVINDER YADAV 2026.02.24 09:37 I attest to the accuracy and authenticity of this order/judgment
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CWP-6003-2024
dismissed, and vide order dated 21.12.2023, his statutory appeal was also dismissed. However, the respondents No.4 and 5 were directed to pay a total sum of ₹4,000/- per month as maintenance to the petitioner.
| 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 |
DEVINDER YADAV 2026.02.24 09:37 I attest to the accuracy and authenticity of this order/judgment
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counsel has fairly conceded that such functions and powers cannot be subdelegated.
“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
DEVINDER YADAV 2026.02.24 09:37 I attest to the accuracy and authenticity of this order/judgment
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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.”
does not pass the test of legality and requires interference of this Court. Consequently, the impugned order dated 21.12.2023 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 10.03.2026, whereupon the latter shall endeavour to decide the matter preferably within eight weeks, 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.
| (KU | LDEEP TIWARI) | |
|---|---|---|
| February 23, 2026 | JUDGE | |
| devinder | ||
| Whether speaking/reasoned | : | Yes/No |
| Whether Reportable | : | Yes/No |
DEVINDER YADAV 2026.02.24 09:37 I attest to the accuracy and authenticity of this order/judgment
1 issue framed by the court
Whether an Appellate Tribunal under the 2007 Act could sub-delegate its quasi-judicial functions to the Additional Deputy Commissioner, making the impugned appellate order without jurisdiction.
Colour shows how this judgement treated each authority
Davinder Singh vs. Additional District Magistrate & OthersRelied on
CWP No. 27866 of 2025
3 provisions across 1 enactments
Bachan Singh
State of Punjab
Kuldeep Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
