HANS RAJ Vs. JATTU RAM

JUDGEMENT

(1.) Prayer in this appeal is for setting aside order dtd. 13/2/2025 passed by learned Single Bench, whereby CWP No. 27662 of 2022 filed by respondent No.l-Jattu Ram has been allowed.

(2.) Brief facts necessary for adjudication of the matter are that respondent No.l filed CWP No. 27662 of 2022 for setting aside order dtd. 5/9/2022 passed by Financial Commissioner (Appeals), Punjab, whereby orders dtd. 21/5/2015 and 18/5/2017 passed by Collector and Divisional Commissioner respectively were set aside. Upon demise of Ram Chand i.e., previous Lambardar of village Chak Khund Wala, Tehsil Jalalabad, District Fazilka, proceedings were initiated for filling up said vacancy. Sixteen (16) applications including applications submitted by present appellant and respondent No.l were received. Twelve (12) of the candidates withdrew their applications in favour of respondent No.l-Jattu Ram. Candidature of respondent No.l-Jattu Ram was recommended by Tehsildar Jalalabad as well as Sub Divisional Magistrate, Jalalabad. Collector vide order dtd. 21/5/2015 appointed respondent No.l as Lambardar of village Chak Khund Wala finding him to be more meritorious. Appeal filed by present appellant was dismissed by Commissioner, Ferozepur Division vide order dtd. 18/5/2017. However, revision petition filed by present appellant was allowed by Financial Commissioner vide order dtd. 5/9/2022, whereby orders dtd. 21/5/2015 and 18/5/2017 were set aside and present appellant was appointed as Lambardar of village Chak Khund Wala.

(3.) Aggrieved therefrom, respondent No.l filed abovementioned writ petition, which was allowed vide impugned order dtd. 13/2/2025. Learned Single Bench considered the comparative merits of both the candidates concluded that Financial Commissioner had erred in setting aside orders dtd. 21/5/2015 and 18/5/2017, merely on the ground that a criminal case had been filed against the petitioner although he stood acquitted therein.