CWP-16955 IN THE HIGH COURT OF PUNJAB AND HARYANA Baldev Singh State of Punjab CORAM: Present: KULDEEP TIWARI 1. way of instant writ petition, as cast under Articles 226/227 of the Constitution of India, against an vide which, an Maintenance and Welfare of Act of 2007) the order dated appeal preferred by by the learned Additional Deputy Commissioner 2. impugned order authority devoid of statutory jurisdiction. of this Court towards No. 8/10/2008 conferred under Sections 7(1)&(2) and 15(1)&(2) of the Act of 2007, the Governor of Punja Tribunals are as under: 16955-2023 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Baldev Singh Versus State of Punjab and others CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. N.S. Dadwal, Advocate, for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. **** KULDEEP TIWARI, J. (Oral) The petitioner-senior citizen way of instant writ petition, as cast under Articles 226/227 of the Constitution of India, against an order dated which, an application preferred by Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Act of 2007), was dismissed by the learned Maintenance Tribunal the order dated 10.05.2023 (Annexure P appeal preferred by him against the order (supra), has the learned Additional Deputy Commissioner At the outset, learned State counsel impugned order dated 10.05.2023 (Annexure P authority devoid of statutory jurisdiction. of this Court towards 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 Act of 2007, the Governor of Punjab constituted the Maintenance Tribunals/Appellate Tribunals, and their jurisdictions for the implementation of the Act of 2007 are as under:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16955-2023 (O&M) Date of decision: 23.04.2026 ….Petitioner ….Respondents KULDEEP TIWARI Mr. N.S. Dadwal, Advocate, Mr. Sahil R. Bakshi, AAG, Punjab. senior citizen has approached this Court, by way of instant writ petition, as cast under Articles 226/227 of the order dated 04.08.2022 (Annexure P-6), application preferred by him, under Section 23 of the Parents and Senior Citizens Act, 2007, (the by the learned Maintenance Tribunal. Further, 10.05.2023 (Annexure P-1), is also assailed, whereby, an against the order (supra), has also been dismissed the learned Additional Deputy Commissioner, Jagraon. State counsel points out that the 10.05.2023 (Annexure P-1), has been passed by an authority devoid of statutory jurisdiction. In this regard, he draws attention the Punjab Government Notification bearing 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 b constituted the Maintenance Tribunals/Appellate for the implementation of the Act of 2007 6 this Court, by way of instant writ petition, as cast under Articles 226/227 of the 6), the , (the . Further, , whereby, an dismissed the has been passed by an e draws attention the Punjab Government Notification bearing 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 b constituted the Maintenance Tribunals/Appellate for the implementation of the Act of 2007, AMIT KUMAR 2026.04.24 15:33 I attest to the accuracy and authenticity of this document CWP-16955 Sr. No. Name of the Tribunal 1. Maintenance Tribunal 2. Appellate Tribunal 3. has not been passed by the statutory authority, i.e. District Magistrate, by an authority exercising sub Commissioner, Moreover, he also the Directorate Social Security and Women & Child Development, Punjab, wherethrough Magistrates/Presiding Officers of the Appellate Tribunals constituted under the Act of 2007 are not authorized to sub judicial functions and powers to any subordinate or other officer, irrespective of rank or competence. The relevant portion of the instructions is extracted hereunder: 16955-2023 (O&M) -2- Name of the Tribunal Jurisdiction Maintenance Tribunal Sub Division of the District concerned Appellate Tribunal District concerned Consequently, it is submitted that since the has not been passed by the statutory authority, i.e. District Magistrate, by an authority exercising sub-delegated powers, i.e. Additional Deputy Commissioner, the same, indeed, requires interference of this Court. Moreover, he also refers to the instructions dated 27.10.2025, issued by the Directorate Social Security and Women & Child Development, Punjab, wherethrough, it has been categorically clarified that the District Magistrates/Presiding Officers of the Appellate Tribunals constituted the Act of 2007 are not authorized to sub 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 Sub: Implementation of the Hon'ble High Court 26.09.2025 in CWP No. 27866 of 2025 Additional District Magistrate & Others. In continuation of this Department's Notification No. 8/10/2008-8SS/798 dated 27th August 2008, (Flag the District Magistrates were d 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 Jurisdiction Presiding Officer of the Tribunal Division of the District concerned Sub Divisional Magistrate of the area concerned District concerned District Magistrate of the area concerned Consequently, it is submitted that since the appellate order has not been passed by the statutory authority, i.e. District Magistrate, but delegated powers, i.e. Additional Deputy , indeed, requires interference of this Court. instructions dated 27.10.2025, issued by the Directorate Social Security and Women & Child Development, it has been categorically clarified that the District Magistrates/Presiding Officers of the Appellate Tribunals constituted 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 rates/Presiding Officers, Appellate Tribunal Constituted under Sections 15(1) & 15(2) of The Maintenance and Welfare of Parents and Senior Citizens 3(SS)/2025/82189 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. 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 - Presiding Officer of Sub Divisional Magistrate of the area District Magistrate of appellate order but delegated powers, i.e. Additional Deputy , indeed, requires interference of this Court. instructions dated 27.10.2025, issued by the Directorate Social Security and Women & Child Development, it has been categorically clarified that the District Magistrates/Presiding Officers of the Appellate Tribunals constituted - judicial functions and powers to any subordinate or other officer, irrespective of rank or competence. The relevant portion of the rates/Presiding Officers, Appellate Tribunal Constituted under Sections 15(1) & 15(2) of The Maintenance and Welfare of Parents and Senior Citizens Order dated Davinder Singh vs. In continuation of this Department's Notification No. A) whereby esignated 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 - AMIT KUMAR 2026.04.24 15:33 I attest to the accuracy and authenticity of this document CWP-16955 4. issues on merits, but is not in a position to wriggle out of the abovesaid factual aspect, being a matter of record. 5. 10.05.2023 the same Consequently, Appellate Tribunal abovesaid notifications before the District Magistrate 18.05.2026 16955-2023 (O&M) -3- 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 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 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.” In response, learned counsel for the petitioner, tho issues on merits, but is not in a position to wriggle out of the abovesaid factual aspect, being a matter of record. In view of the abovesaid conceded position 10.05.2023 (Annexure P-1), does not pass the test of legality is set aside, being Delegata Consequently, the matter is remitted to the District Magistrate Appellate Tribunal concerned, for adjudication abovesaid notifications. Both the parties are directed to cause appearance before the District Magistrate-cum-Appellate Tribunal .05.2026 at 11:00 AM, whereupon, the latter shall make an endeavour Davinder Singh vs. Additional District Magistrate & Others B) The Hon'ble Court has categorically clarified that the District Magistrates/Presiding Officers of the Appellate d under the said Act are not authorized to judicial functions and powers to any subordinate or other officer, irrespective of rank or competence. Pursuant to the said judgment, the Office of the Worthy 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 fore, 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 r jurisdiction for necessary action and compliance may attract adverse observations from the Hon'ble Court; therefore, the matter may be treated as Top In response, learned counsel for the petitioner, though joins issues on merits, but is not in a position to wriggle out of the abovesaid said conceded position, the order dated does not pass the test of legality, and thus, Delegata Potestas Non Potest Delegar. to the District Magistrate-cum- , for adjudication afresh, in the light of the Both the parties are directed to cause appearance Appellate Tribunal concerned, on the latter shall make an endeavour Davinder Singh vs. Additional District Magistrate & Others The Hon'ble Court has categorically clarified that the District Magistrates/Presiding Officers of the Appellate d under the said Act are not authorized to judicial functions and powers to any Pursuant to the said judgment, the Office of the Worthy Government of Punjab, vide letter C) has directed that the above order be circulated to all concerned authorities for meticulous compliance.(Copy enclosed along with fore, 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 Divisional r jurisdiction for necessary action and compliance may attract adverse observations from the Hon'ble Court; therefore, the matter may be treated as Top ugh joins issues on merits, but is not in a position to wriggle out of the abovesaid dated and thus, . - the light of the Both the parties are directed to cause appearance on the latter shall make an endeavour AMIT KUMAR 2026.04.24 15:33 I attest to the accuracy and authenticity of this document CWP-16955 to decide the matter preferably within adequate opportunity of hearing to the parties. meanwhile, no third party rights shall be created as regards the property in question. 6. Additional Deputy Commissioner transmit the original Appellate Tribunal concerned of a certified copy of this order 7. 23.04.202 Ak Sharma 16955-2023 (O&M) -4- to decide the matter preferably within adequate opportunity of hearing to the parties. meanwhile, no third party rights shall be created as regards the property in question. To ensure speedy disposal of the matter Additional Deputy Commissioner-cum-Collector, transmit the original record of the matter Appellate Tribunal concerned, in terms of the Act of 2007 of a certified copy of this order, forthwith Disposed of, accordingly. .2026 Whether speaking/reasoned Whether reportable to decide the matter preferably within four months, after affording adequate opportunity of hearing to the parties. It is made clear that, in the meanwhile, no third party rights shall be created as regards the property To ensure speedy disposal of the matter, the learned Collector, Jagraon, is directed to record of the matter to the District Magistrate-cum- in terms of the Act of 2007, upon receipt with. (KULDEEP TIWARI) JUDGE Yes Yes/No , after affording It is made clear that, in the meanwhile, no third party rights shall be created as regards the property learned is directed to - , upon receipt AMIT KUMAR 2026.04.24 15:33 I attest to the accuracy and authenticity of this document