BALDEV KRISHAN Vs. PUNNA SINGH

JUDGEMENT

(1.) THIS is a Misc. case remanded from the Hon'ble Punjab and Haryana High Court in CWP No. 4629/2004 with directions to Ld. Financial Commissioner, Cooperation to pass the orders on merits of the case within the period of 3 months from the date of issue of orders.

(2.) THE brief facts of the case are that Shingara Singh lambardar of village Naura, Teh. and Distt. Nawanshahr, died and the process to fill up the vacancy of lambardar was started. Proclamation was made in the village inviting applications from the willing candidates. Three applications were received. However, the Sub Divisional Magistrate, Nawanshahar ordered to make fresh proclamation in the village and accordingly, fresh proclamation was made in the village on 10.10.2001. As a result six applications were received. The Sub Divisional Magistrate recommended the name of Baldev Krishan for appointment as lambardar of the village. Distt. Collector, Nawanshahr appointed Baldev Krishan as new lambardar of the village vide his order dated 19.2.2002. Aggrieved from this order, Punna Singh s/o Harman Singh filed an appeal before the Commissioner (Appeals), Jalandhar Division, Jalandhar, whereby he accepted the appeal and set aside the order of the District Collector, Nawanshahr and appointed Punna Singh as lambardar vide his order dated 9.4.2003. Still not satisfied with this order Baldev Krishan filed revision petition before the Ld. Financial Commissioner, Cooperation, Punjab, Chandigarh. After hearing both the parties Ld. Financial Commissioner remanded the case back to Collector, Nawanshahr with the direction to hear both the parties and decide the matter within four months from the date of parties appear before him. Till the final decision is taken, the present arrangement made for discharging the duties of lambardar will continue vide his order dated 12.1.2004.

(3.) I have heard the arguments of Ld. Counsels of both the parties. The counsel for petitioner asserted that the respondent is too old to hold this post and that he is illiterate whereas the respondent is a Matriculate of 36 years. That Baldev Krishan has 12 kanals of land and has five mini buses and two cars and also stated that caste should not be consideration in the appointment of Lambardar.