SURINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Notice of motion. Mr. H.S. Sran, Additional Advocate General, Punjab accepts notice on the asking of the Court.

(2.) A perusal of the order passed by the District Collector (Deputy Commissioner), Hoshiarpur on 5.3.2001 records that it has been passed in the absence of the petitioner. Therefore, the case of the petitioner for appointment as lambardar has not been considered on merit. Faced with this situation, petitioner filed an appeal before the Commissioner, Jalandhar Division, Jalandhar. The memo of appeal was accompanied by an affidavit dated 10.7.2001 of Shri Kuldeep Singh, Advocate who has categorically stated that he was present before the District Collector (Deputy Commissioner), Hoshiarpur on 5.3.2001 and had argued the matter on behalf of the petitioner. This point was specifically taken in the grounds of appeal before the Commissioner. The appeal of the petitioner was allowed and he was ordered to be appointed as Lambardar. Against the aforesaid order, respondent No. 4 had filed an appeal before the Financial Commissioner, which has been allowed. The Financial Commissioner has not adverted to the submissions of the petitioner with regard to the order being passed against him by the District Collector (Deputy Commissioner) in his absence. The order of the Commissioner has been set aside and respondent No. 4 has been appointed as Lambardar.

(3.) We have considered the submissions made by the counsel for the parties. We are of the considered opinion that at the time when the Commissioner allowed the appeal of the petitioner the appropriate course was to remand the matter back to the District Collector (Deputy Commissioner). Instead of remanding the matter back to the District Collector (Deputy Commissioner), the Commissioner allowed the appeal and appointed the petitioner as lambardar. Consequently, the orders of the District Collector (Deputy Commissioner); the Commissioner and the Financial Commissioner have to be set aside so that the matter can be decided afresh by the District Collector (Deputy Commissioner) after hearing the parties.