SUKHDEV SINGH Vs. FINANCIAL COMMISSIONER PUNJAB

JUDGEMENT

(1.) IN this intra-Court appeal, order under challenge is dated 12.1.2009 passed by learned Single Judge, thereby allowing CWP No.3507 of 2008, setting aside the order of the Financial Commissioner dated 2.8.2007.

(2.) BRIEF facts of the present case pertain to the post of Lamberdar in Village Kothaguru, Tehsil Rampuraphul, District Bathinda. The then Lamberdar Kulwant Singh died on 11.5.2002, hence vacancy arose for the post of Lamberdar. The writ petitioner as well as respondent No.4 applied for appointment as Lamberdar. The writ petitioner was appointed as Lamberdar by the Collector vide order dated 11.6.2004 after the recommendations made by different level authorities. Aggrieved from the order of the Collector dated 11.6.2004, appointing the writ petitioner as Lamberdar, the appellant herein preferred an appeal before the Divisional Commissioner, which was dismissed. The matter was carried to the Financial Commissioner in the shape of revision. The Financial Commissioner vide impugned order dated 2.8.2007 allowed the revision and set aside the order of the Collector dated 11.6.2004 appointing the writ petitioner as Lamberdar. The writ petitioner preferred writ petition before learned Single Judge challenging the order of the Financial Commissioner, which was allowed vide order dated 12.1.2009. Hence, the present appeal.

(3.) IN LPA No.538 of 2009, decided on 17.3.2010, after placing reliance on the judgement of the Apex Court in Mahavir Singh Vs. Khiali Ram and others 2009(3) 439, we have observed that the opinion of the Collector appointing a person as Lamberdar, ordinarily, should not be disturbed, unless it is perverse.