NEK SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The present writ petition is directed against the order dated 16.8.2012 (Annexure P-3), passed by the Financial Commissioner, Punjab, whereby the order dated 9.8.2011 passed by the Divisional Commissioner, Patiala Division, Patiala, was set aside and the order dated 25.2.2010 (Annexure P-1), passed by learned District Collector, Fatehgarh Sahib, appointing respondent No.4 as Scheduled Caste Lambardar, was upheld.

(2.) Brief facts of the case are that on the death of Sh. Kartar Singh, Scheduled Caste Lambardar of village Anayat Pura, post of Scheduled Caste Lambardar fell vacant. Proceedings were initiated for filling up this post. Learned Assistant Collector Grade-II, Fatehgarh Sahib, vide his report dated 27.11.2009, recommended the name of respondent No.4-Randhir Singh for appointment to the post of Lambardar, whereas learned Assistant Collector Grade-I recommended the name of Gian Singh. After considering the comparative merits of all the three candidates, learned District Collector, Fatehgarh Sahib, vide his order dated 25.2.2010, (Annexure P-1), appointed respondent No.4 as Scheduled Caste Lambardar of village Anayat Pura, District Fatehgarh Sahib.

(3.) Dissatisfied with the above said order, petitioner filed his appeal before learned Commissioner, whereas the third candidate namely Gian Singh did not file any appeal. Learned Commissioner, vide impugned order dated 9.8.2011, observed that both the candidates were not enjoying good character and he ordered to start the de novo proceedings for filling up the post by inviting fresh applications from suitable candidates. Against the order dated 9.8.2011 passed by learned Divisional Commissioner, respondent No.4 filed his appeal before learned Financial Commissioner, who, vide order dated 16.8.2012 (Annexure P-3), accepted the appeal of respondent No.4, setting aside the order dated 9.8.2011 passed by learned Commissioner and restored the order dated 25.2.2010 passed by learned District Collector, Fatehgarh Sahib, appointing respondent No.4 as Scheduled Caste Lambardar.