JASWANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed under Articles 226/227 by the petitioner for quashing of order dated 15.6.2009 (Annexure P-3) passed by Deputy Commissioner/Collector, Fatehgarh Sahib, appointing respondent No.3 as Lambardar of Village Gurdanpur, Tehsil Amloh, District Fatehgarh Sahib and for setting aside the order dated 26.05.2011 (Annexure P-1) passed by Financial Commissioner, Punjab and order dated 09.09.2010 (Annexure P-4) passed by Divisional Commissioner, Patiala, whereby the appeal and revision preferred by the petitioner respectively have been dismissed.

(2.) The brief facts of the case are that Piara Singh Lambardar (General Category) of Village Gurdanpur, Tehsil Amloh, District Fatehgarh Sahib expired on 06.08.2007, as a result of which post of Lambardar in the said village fell vacant. In pursuance of letter dated 14.11.2007 issued by the Collector, Fatehgarh Sahib process for filling up the post of Lambardar was initiated. Munadi (proclamation) was got conducted in the village by the Assistant Collector IInd Grade and applications were invited from the interested persons. In pursuance of the proclamation one application was filed by one Santokh Singh son of Piara Singh resident of Village Gurdanpur. The conduct and antecedents of the candidate were got verified from the local police. After considering the candidature of the applicant, Assistant Collector IInd Grade, Amloh recommended the name of Santokh Singh and sent his case to the Collector. At this stage, Jaswant Singh-petitioner filed an application before the Collector submitting therein that the official has not made any proper proclamation (munadi) in the village. The Collector accepted the prayer of the petitioner and remanded the case to the Assistant Collector IInd Grade for conducting the fresh munadi in the village vide order dated 28.03.2008.

(3.) In pursuance of subsequent proclamation (munadi), three persons namely Jaswant Singh, Narinder Singh and Santokh Singh submitted their applications. After verifying their character from the police, Assistant Collector IInd Grade recommended the name of Narinder Singh (respondent No.3). However, Assistant Collector Ist Grade recommended the name of Jaswant Singh-petitioner vide his report dated 21.10.2008 to the Collector. In the meantime, Santokh Singh obtained stay order dated 12.10.2008 by filing an appeal before the Divisional Commissioner, Patiala, against order dated 28.03.2008 passed by the Collector. As a consequence of it the case was adjourned sine die till the decision in the appeal, pending before the Divisional Commissioner, Patiala. However, the appeal of Santokh Singh was dismissed on 03.03.2009 and the copy of the same was received by the Collector on 21.04.2009. On receipt of the order of the Divisional Commissioner, intimation was sent to the learned counsel for Narinder Singh, Jaswant Singh and Santokh Singh and all the candidates were represented by their counsel before the Collector. After hearing learned counsel for the parties, Collector came to the conclusion that Narinder Singh son of Lakhwinder Singh is a fit candidate as compared to other candidates and appointed him as Lambardar of Village Gurdanpur, Tehsil Amloh, District Fetehgarh Sahib vide order dated 15.06.2009 (Annexure P-3). Jaswant Singh-petitioner preferred an appeal against order dated 15.06.2009 (Annexure P-3) before the Divisional Commissioner, Patiala which was dismissed by the Divisional Commissioner by observing that the choice of the Collector cannot be set aside lightly. It can only be set aside if there is some patent illegality. It has been recorded by the Divisional Commissioner that there was no illegality in the order dated 15.06.2009 (Annexure P-3) passed by the Collector and dismissed the appeal of the petitioner.