SHAMSHER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 21.12.2006 (Annexure P-4) passed by respondent No.4-District Collector, Hoshiarpur, whereby respondent No.5 has been appointed as Lambardar of village Bechuhar, Tehsil Mukerian, District Hoshiarpur and orders dated 22.01.2008 (Annexuure P-5) passed by respondent No.3- Commissioner, Jalandhar Division, Jalandhar and dated 22.02.2013 (Annexure P-8) passed by respondent No.2-Financial Commissioner, Punjab, whereby appeal and revision, respectively, filed by the petitioner have been dismissed.

(2.) Brief facts of the case are that to fill up the vacancy caused on account of death of Dharam Singh, Lambardar of village Bechuhar, Tehsil Mukerian, District Hoshiarpur, applications were invited from the interested persons by making proclamation in the village after obtaining necessary sanction from the Collector. In furtherance of proclamation, 5 candidates including petitioner and respondent No.5 submitted their applications. During the proceedings before the District Collector, the petitioner and respondent No.5 levelled allegations against each other that they were taking part in political activities. Thereafter, the District Collector ordered SDO (C) to verify the claim of both the parties. The SDO (C ), Mukerian submitted his report that petitioner-Shamsher Singh was involved in active politics. On the basis of report made by the SDO (C), Mukerian and after appreciating the comparative merit of the candidate, the District Collector, Hoshiarpur appointed respondent No.5 as Lambardar, vide impugned order dated 21.12.2006 (Annexure P-6). Feeling aggrieved, the petitioner preferred an appeal before the Commissioner, Jalandhar Division, Jalandhar which was dismissed vide impugned order dated 22.01.2008 (Annexure P-5). Being dissatisfied, the petitioner filed revision before the Financial Commissioner, Punjab which has also been dismissed vide impugned order dated 22.02.2013 (Annexure P-8). Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.