RANBIR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Feeling aggrieved against the order dated 10.12.2010 (Annexure P-9) passed by Financial Commissioner (Revenue) Punjab, thereby setting aside the appointment of the petitioner as Lamberdar, made by the Collector and upheld by the Commissioner, petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing of the impugned order.

(2.) Consequent upon the death of late Sh. Gareeb Singh, Lambardar, one post of Lambardar fell vacant in the village of the parties. Proceedings were initiated to fill up this post. Tehsildar Payal as well as SDM Payal recommended the name of the petitioner for appointment to the post of Lambardar. District Collector, Ludhiana after considering comparative merits of both the candidates i.e. petitioner and respondent No.3, found the petitioner as the best choice for appointment to the post of Lambardar. Accordingly, the petitioner was appointed as Lambardar vide order dated 22.08.2006 (Annexure P-1), passed by District Collector, Ludhiana. Certificate of Lambardar was also issued in favour of the petitioner vide Annexure P-2 dated 31.10.2006. Dis-satisfied respondent No.3 filed his appeal (Annexure P-3) before the Divisional Commissioner, Patiala, which was dismissed vide order dated 21.08.2007 (Annexure P-4). Respondent No.3 filed his revision (Annexure P-5) before the Financial Commissioner, who vide order dated 10.02.2009 (Annexure P-6) remanded the matter back to the Collector for fresh decision. Petitioner approached this Court by way of CWP No.7688 of 2009 challenging the order dated 10.02.2009 (Annexure P-6). The abovesaid order passed by Financial Commissioner was set aside by this Court vide order dated 01.10.2010 (Annexure P-8). The matter was remanded back to the Financial Commissioner to examine the record and pass appropriate orders afresh, in accordance with law. Thereafter, vide impugned order dated 10.12.2010 (Annexure P-9), Financial Commissioner set aside the orders passed by Collector and Commissioner, vide which the petitioner was appointed. Respondent No.3 was appointed as Lamberdar by the Financial Commissioner. Hence this writ petition.

(3.) While issuing notice of motion, this Court passed the following order on 10.03.2011: