HARMANJIT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) HARMANJIT Singh, petitioner, has filed the instant writ petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing of the order dated 15.5.2000 (Annexure P-4) passed by the Financial Commissioner, Cooperation, Punjab, vide which the orders dated 18.6.1999 and 5.10.1999 passed by the District Collector, Nawanshahr and the Commissioner, Jalandhar Division, Jalandhar, respectively, in favour of the petitioner appointing him as a Lambardar of village Barnala Kalan (Patti Paskan), have been set aside.

(2.) IN the instant case, the issue of Lambardari of village Barnala Kalan (Patti Paskan) is in question. The post of Lambardar of the said village became vacant on 25.4.19998 due to the death of Kartar Singh, Lambardar of the village. Vide order dated 6.7.1998, the District Collector allowed the proceedings to be taken for filling up the vacancy of the post of Lambardar of village Barnala Kalan (Patti Paskan). The aforesaid post of Lambardari pertains to Patti Paskan of the aforesaid village. In pursuance of the above five persons applied for the said post including the petitioner as well as respondent No. 2 (Hari Singh). The Naib Tehsildar and the Tehsildar vide their orders dated 24.12.1998 and 29.1.1999 recommended the name of the petitioner for the aforesaid post of Lambardar. However, the Sub Divisional Magistrate, Nawanshahr recommended the name of respondent No. 2 for appointment of the aforesaid post vide his order dated 9.2.1999.

(3.) FEELING aggrieved against the aforesaid order, respondent No. 2 filed an appeal before the Commissioner, Jalandhar Division, Jalandhar. The said appeal filed by respondent No. 2 was dismissed by the learned Commissioner vide his order dated 5.10.1999, while observing that in the matter of appointment of Lambardar the view taken by the Collector has to be upheld unless there is some serious defect in the same. He has also observed that the petitioner belongs to a respectable family and is a social worker and he is more qualified that respondent No. 2. It was also observed by the learned Commissioner that respondent No. 2 wants to settle in New Zealand because his two children are living abroad. Therefore, he was not found fit to be appointed as Lambardar of the village.