GURDEV SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB

JUDGEMENT

(1.) By way of the present writ petition, the petitioner seeks the indulgence of this Court for issuance of a writ in the nature of certiorari quashing the order dated 20th May, 2014 (Annexure-Pl), as passed by respondent No.3 whereby respondent No.4 has been appointed as the 'Lambardar' of Village Bagwanpur, Tehsil Bholath, District Kapurthala as well as the orders dated 16th August, 2016 (Annexure-P3) and 2nd March 2020 (Annexure-P7) passed by respondents No.2 and 1 dismissing his appeal and revision petition respectively.

(2.) Bereft of unnecessary details, the facts, as canvassed by the petitioner in this petition, are that after the dismissal of 'Lambardar' Santokh Singh, the applications were invited for the appointment of 'Lambardar' of the afore-said village and 5 candidates, including him (petitioner) as well as respondent No.4, had applied for the said post. He is a Graduate and thus, better educated than respondent no.4, who is merely a Matriculate and he is owner of the land measuring 7 acres whereas respondent No.4 owns 1.5 acres land only. Moreover, respondent No.4 is a full time "Granthi" (Sikh Priest) of Gurdwara at Village Methley located 10 Kms. away from Village Bagwanpur and is, therefore, not available in the village to perform the duties as Lambardar' and his father also defaulted in paying the amount to the Co-operative Society, Bholath but, however, vide order Annexure-Pl, respondent No.3 appointed him (respondent No.4) as Lambardar' while observing that he was the son of a deceased Lambardar' and had also remained 'Sarbrah Lambardar' and as such, he was having experience of working as Lambardar'. He (petitioner) preferred an appeal against order Annexure-Pl but respondent No.2 illegally dismissed the same vide order Annexure-P3. Thereafter, he was constrained to file a revision petition against the said order but the same was also rejected by respondent No.1 arbitrarily vide order Annexure-P7, despite the fact that he had already been acquitted in the criminal case vide judgment dated 1st February, 2018 (Annexure-P5).

(3.) Mr. Nikhil Chopra, learned Additional Advocate General, Punjab, has joined the proceedings in pursuance of the copy of this petition having been sent to the respondent-State in advance.