MANJIT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing of the order dated 07.08.2008 (Annexure P-6) passed by the Financial Commissioner and order dated 18.01.2008 (Annexure P-5) passed by the Commissioner and order dated 24.04.2007 (Annexure P-4) passed by the Collector whereby, Jagjit Singh (respondent No. 4) has been appointed as Lambardar of Village Jhurar Khera, Tehsil Abohar, District Ferozepur.

(2.) BRIEF facts of the case are that due to death of Surain Singh previous Lambardar, the father of the petitioner, post of Lambardar fell vacant. After seeking approval from the competent authority, proclamation was made inviting applications for filling up the said post. In pursuance to the proclamation, 18 candidates submitted their applications. Verification of character and antecedents of the candidates was got done. Five persons namely Jagjit Singh (respondent No. 4), Jar- nail Singh, Baj Singh, Manjit Singh (petitioner) and Mukhtiar Singh appeared before the Tehsildar. Tehsildar recommended the name of Jagjit Singh, to the SDM who also endorsed the recommendation of the Naib Tehsildar and the case was sent to the District Collector. The District Collector, after appreciating the merits of the candidates, appointed Jagjit Singh as Lambardar of Village Jhurar Khera, Tehsil Abohar, ignoring the claim of the petitioner on the ground that the petitioner was a defaulter of the bank when the applications were invited. Criminal case was registered against Mukhitar Singh because of which he was found not suitable. Manjit Singh (petitioner) preferred appeal before the Commissioner that has been dismissed on the ground that the petitioner is a defaulter. The revision petition's filed by the petitioner and two others namely Mukhitar Singh and Baj Singh were dismissed. Hence, this writ petition.

(3.) THE main contention of the learned counsel for the petitioner is that the petitioner has been ignored on the ground that he was a defaulter of Punjab Agricultural Development Bank on the date of application whereas, in fact he has already paid the entire loan amount before the appointment. Otherwise also, loan was taken for agricultural purposes and it cannot be taken as a ground to discard the candidature of the petitioner. He further states that the petitioner has otherwise sufficient qualifications and is also the son of the previous Lambardar. He had been attending to the government officials during the tenure of his father.