JIT SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition is directed against the order passed by the Financial Commissioner, Punjab whereby he has upheld the order passed by the authorities below appointing Ajaib Singh respondent No.4 as Lambardar of the village.

(2.) This is second round of litigation between the parties. Collector vide order dated 8.2.2005 had appointed Ajaib Singh as Lambardar of the village. His appointment was challenged before the Commissioner by other candidates. Commissioner, Ferozepur Division accepted the appeal vide order dated 28.2.2006 and directed that fresh process be initiated. This order was unsuccessfully challenged by Ajaib Singh before the Financial Commissioner. He also filed a writ petition (CWP No.2379 of 2008). Same was dismissed as withdrawn on 18.2.2008. Thereafter, fresh process for appointment of Lambardar was initiated. On 15.5.2008, Collector again appointed Ajaib Singh as Lambardar. This order was impugned by the petitioner before appellate/revisional authorities. However, his plea was rejected. Aggrieved, he has filed the instant writ petition. Only argument raised before this court is that Ajaib Singh was convicted by competent court vide Annexure P-4 pursuant to an FIR registered against him. Admittedly, Jit Singh (petitioner) was also convicted in the said case. It appears, this aspect of the matter has not been clearly dealt with by the Financial Commissioner. Only reason assigned for upholding appointment of Ajaib Singh is that his conviction was way back in the year 1973, thus, would not be relevant. I am of the considered view that matter needs to be remanded to the same authority for decision afresh. The impugned order is, thus, set-aside. Matter is remitted to the Financial Commissioner for decision afresh after hearing the parties. Writ petition is allowed in these terms. Appeal Allowed