JASVIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Prayer in this appeal is for setting aside order dtd. 23/1/2024, passed by learned Single Bench, whereby CWP-3534-2020, filed by respondent no.4/writ petitioner has been allowed.

(2.) Brief facts necessary for adjudication of the matter are that CWP-3534-2020 was filed by respondent no.4 for setting aside order dtd. 9/9/2019, passed by Financial Commissioner, Punjab. Order dtd. 30/9/2014, passed by District Collector, Hoshiarpur, appointing respondent no.4 as Lambardar as well as order dtd. 21/8/2017, passed by Commissioner Jalandhar Division, Jalandhar, upholding the said order, were set aside vide order dtd. 9/9/2019, passed by Financial Commissioner, Punjab and matter remanded to the District Collector with a direction to appoint the Lambardar after carrying out fresh proclamation.

(3.) It is to be noted that upon death of earlier Lambardar i.e. Ishar Singh on 15/5/2011, process for appointment of new Lambardar was initiated. Four applications were received, including those of present appellant and respondent no.4/writ petitioner. Two of the other candidates who had applied, withdrew in favour of present appellant, leaving respondent no.4 and appellant in the fray. Appellant was verified to be 42 years old and a matriculate owning 27 Kanais 01 Marla of land in the village while respondent no.4, a retired Teacher, was verified to be 62 years old having qualification of B.A./B.Ed. He was a retired Teacher in receipt of pension with nothing adverse found against him during verification. Naib Tehsildar, Chak Malian, Tehsildar Garhshankar, district Hoshiarpur recommended appointment of present appellant, however, the Collector, Hoshiarpur on considering the comparative and inter se merit of both the candidates found respondent no.4 to be more suitable for appointment to the post of Lambardar and he was accordingly appointed as such vide order dtd. 30/9/2014 (Annexure P-1). Sannad was issued in favour of writ petitioner vide order dtd. 13/11/2014 (Annexure P-2). Appeal filed by present appellant against the said order was dismissed by Commissioner, Jalandhar on 21/8/2017 (Annexure P-3). Financial Commissioner (Appeals), Punjab while deciding revision petition filed by present appellant, however, set aside order dtd. 30/9/2014, passed by the District Collector and order dtd. 21/8/2017 on the premise that the Collector had not considered and dealt with the recommendations made by Revenue Authorities while appointing respondent no.4 to the post of Lambardar. Matter was accordingly remanded to District Collector, Hoshiarpur with a direction to carry out fresh proclamation for the post of Lambardar and make necessary appointment. Aggrieved therefrom CWP-3534-2020 was filed by respondent no.4, which was allowed by learned Single Bench vide impugned order dtd. 23/1/2024.