Punjab & Haryana High Court Sets Aside Senior Citizen Tribunal Order Passed by Additional Deputy Commissioner; Holds Quasi-Judicial Powers Cannot Be Sub-Delegated

Case Name: Major Singh v. Appellate Tribunal-cum-Additional Deputy Commissioner, Barnala, Punjab and Others

Date of Judgment: 21 January 2026

Citation: CWP-17921-2019

Bench: Hon’ble Mr. Justice Kuldeep Tiwari

Held: The Punjab and Haryana High Court allowed the writ petition and set aside the appellate order passed by the Additional Deputy Commissioner, Barnala, holding that quasi-judicial powers vested in the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be sub-delegated. The Court held that only the District Magistrate, designated as the Presiding Officer of the Appellate Tribunal, is competent to decide statutory appeals under the Act, and any order passed by an authority exercising sub-delegated powers is without jurisdiction and unsustainable in law.

Summary: The petitioner, a senior citizen, challenged the order dated 22.09.2014 passed by the Maintenance Tribunal dismissing his application under Sections 4, 9 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as well as the appellate order dated 21.05.2018 passed by the Additional Deputy Commissioner-cum-Collector, Barnala, dismissing his statutory appeal.

At the outset, instead of addressing the merits, the petitioner assailed the appellate order on the ground of lack of jurisdiction, contending that under Sections 7 and 15 of the Act of 2007 read with Punjab Government Notification dated 15.07.2008, the Appellate Tribunal is required to be presided over by the District Magistrate and that such powers could not be exercised by an Additional Deputy Commissioner.

The High Court examined the statutory framework and the notification constituting Maintenance Tribunals and Appellate Tribunals in Punjab. It noted that the statute clearly designates the District Magistrate as the Presiding Officer of the Appellate Tribunal at the district level. During the course of hearing, the State fairly conceded that quasi-judicial functions under the Act cannot be sub-delegated.

The Court also took note of the instructions dated 27.10.2025 issued by the Directorate of Social Security and Women & Child Development, Punjab, which clarified that District Magistrates/Presiding Officers of Appellate Tribunals constituted under the Act of 2007 are not authorised to sub-delegate their quasi-judicial powers to any subordinate or other officer, irrespective of rank. These instructions were issued pursuant to earlier High Court directions and circulated by the Chief Secretary for strict compliance.

In view of the conceded legal position and the binding statutory scheme, the Court held that the appellate order dated 21.05.2018, having been passed by an authority lacking jurisdiction, did not pass the test of legality.

Decision: The writ petition was allowed. The appellate order dated 21.05.2018 passed by the Additional Deputy Commissioner-cum-Collector, Barnala, was set aside. The matter was remitted to the District Magistrate-cum-Appellate Tribunal concerned for fresh adjudication in accordance with Section 16 of the Act of 2007. The parties were directed to appear before the competent authority on 20.02.2026, and it was directed that no third-party rights shall be created in respect of the property in question in the meantime.