LAWS(P&H)-2011-8-310

BALJEET SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On August 18, 2011
BALJEET SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) PRESENT petition is filed challenging order dated 20.01.2011 (Annexure P/1) passed by the Divisional Commissioner, Patiala Division, Patiala, as well as, order dated 19.11.2009 (Annexure P/2) passed by Deputy Commissioner -cum -District Collector, Fatehgarh Sahib, thereby appointing respondent No.5 as Lambardar of Village Nabipur.

(2.) THE brief facts of the present case, inter -alia, are that Harijan Lambardar Karnal Singh died on 20.03.2005, therefore, post of Lambardar (Scheduled Caste) has fallen vacant; applications were invited to fill up the post of Lambardar (Scheduled Caste); Petitioner - Baljeet Singh, respondent No.5 - Harbans Singh and third party Harmesh Singh were considered by the learned Collector for the post of Lambardar. Learned Collector has appointed respondent No.5 as Lambardar of the village. Petitioner, as well as, third party Harmesh Singh filed two appeals before the Divisional Commissioner. Divisional Commissioner in the impugned order has observed as under:

(3.) HON 'ble Apex Court in the matter of Mahavir Singh vs. Khiali Ram and others, reported in : (2009) 3 SCC 439 in paragraph Nos. 20 and 21 has observed as under: -