SUCHA SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Instant petition has been filed under Articles 226 and 227 of the Constitution of India seeking quashing of order dated 04.05.2010 (Annexure P/11) passed by District Collector, Patiala, appointing respondent no.2 Kuldip Singh as Lambardar of Village Panjeta, Tehsil Patiala and order dated 27.05.2015 (Annexure P/13) passed by Financial Commissioner, Punjab, whereby appeal filed by respondent no.2 has been allowed and order dated 08.03.2011 passed by Divisional Commissioner has been set aside.

(2.) Thereafter, mother of respondent no.2 filed an appeal before the Commissioner, which was dismissed on 25.02.2002 (Annexure P/5). However, vide order dated 04.03.2008 (Annexure P/6),the Financial Commissioner set aside the orders of the Collector and Commissioner and remanded the case to the Collector and directed that fresh proclamation be made and applications be invited. In pursuance of that, applications were invited and respondent no.2 applied as one of the candidates. The Collector, after considering the comparative merit of the candidates, appointed respondent no.2 as Lambardar of the village vide order dated 04.03.2010 (Annexure P/11). Thereafter, petitioner preferred an appeal which was allowed and case was remanded to the Collector for fresh decision by the Divisional Commissioner, vide order dated 08.03.2011 (Annexure P/12). Against that order, respondent no.2 preferred an appeal before the Financial Commissioner. Vide order dated 27.05.2015 (Annexure P/13), the Financial Commissioner upheld the order of Collector dated 04.03.2010 (Annexure P/11) and set aside the order of the Commissioner dated 08.03.2011 (Annexure P/12). Hence, present writ petition.

(3.) Learned counsel for the petitioner vehemently contended that petitioner has been working as Lambardar of the Village since 2001 and has sufficient land and qualifications for performing the duties of Lambardar. He further contended that respondent no.2 has wrongly been given the benefit of experience that he has grown up seeing his grandfather and mother working as Lambardar. At that point of time, respondent no.2 was minor.