BALWANT RAI Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Challenge herein is to the order dated 19.1.2011 (Annexure P-3), passed by the learned Financial Commissioner (Appeals -II)-respondent No.1, whereby appeal of the petitioner was dismissed upholding the order dated 20.4.2009 (Annexure P-2), passed by the learned Commissioner, Jalandhar Division, Jalandhar, who set aside the order dated 30.5.2008 (Annexure P-1), passed by the learned District Collector, Hoshiarpur. Accordingly, in place of the petitioner, respondent No.4 was appointed as Scheduled Caste Lambardar of village Bagol Kalan, Tehsil, Dasuya, District Hoshiarpur.

(2.) Facts first. A new post of Scheduled Caste Lambardar was created in village Bagol Kalan. With a view to fill up this vacancy, Naib Tehsildar, Tanda, got the proclamation conducted in the village, inviting applications from the eligible persons. In response, five persons applied. However, finally only three candidates contested. The learned District Collector, Hoshiarpur, vide order dated 30.5.2008, appointed the petitioner as Lambardar.

(3.) This order was challenged before the learned Commissioner, Jalandhar Division, Jalandhar by respondent No.4-Teja Singh and Harjinder Singh, by way of two separate appeals. Learned Commissioner, Jalandhar Division, after discussing each and every aspect of the matter and considering the comparative merits of the candidates, allowed the appeal of respondent No.4-Teja Singh, appointing him as Lambardar of village Bagol Kalan, in place of the petitioner, vide his order dated 20.4.2009 (Annexure P-2) Dissatisfied with the above said order passed by the learned Commissioner, petitioner filed his appeal before the learned Financial Commissioner, whereas the third candidate filed his revision petition. Since appeal filed by the petitioner and revision filed by Harjinder Singh were against the same order dated 20.4.2009 passed by the learned Commissioner, Jalandhar Division, both were decided by way of common dismissal order dated 19.1.2011 (Annexure P-3).