SUKHJIWAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The District Collector, Mansa, appointed Sukhjiwan Singh petitioner as lambardar of Village Jhunir, vide order dated 16.5.2002, Annexure P1. His brother Balwinder Singh (respondent no.2) was also a candidate for the same post.

(2.) Since Balwinder Singh could not make it to that post, he challenged the order of the Collector, in appeal. The Commissioner upheld the order of the Collector vide Annexure P2 and dismissed the appeal. The revision filed by Balwinder Singh was, however, accepted by the Financial Commissioner who set aside the orders of the Collector and the Commissioner, and appointed him as lambardar. Sukhjiwan Singh has now challenged the order of the Financial Commissioner, in this petition. When the petition was taken up for motion hearing, Mr.N.S.Thind, Advocate, appeared on behalf of respondent no.2- Caveator.

(3.) We have heard learned counsel for the parties. The order of the Financial Commissioner appears to be palpably wrong. The name of petitioner, who is the elder son of the deceased lambardar, Karnail Singh, had been recommended by the concerned Assistant Commissioner- II (Tehsildar) and also the Sub-Divisional Magistrate. It was found that he had been assisting his father in the lambardari work. The Collector further found that the petitioner possessed more knowledge than his younger brother, Balwinder Singh, about the responsibilities attached to the post of lambardar. He owned land and was residing in the residential area of Village Jhunir, whereas the residence of Balwinder Singh was in a field, which was 2 kilometers away from the village.