LAWS(P&H)-2016-9-287

SAHIB SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS

Decided On September 29, 2016
SAHIB SINGH Appellant
V/S
Financial Commissioner, Punjab And Others Respondents

JUDGEMENT

(1.) Feeling aggrieved against the order dated 2.7.2014 (Annexure P-5) passed by the Financial Commissioner, Punjab, whereby appeal of the petitioner was dismissed, upholding the order dated 15.10.2013 (Annexure P-4) passed by the Divisional Commissioner, Patiala Division, Patiala, remanding the case to the District Collector to start denovo process for filling up the post of Lambardar, petitioner has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned order.

(2.) Notice of motion was issued and in compliance thereof, only contesting respondent No.4 has filed his written statement. Heard learned counsel for the parties.

(3.) It has gone undisputed before this Court that initially, petitioner was appointed as Lambardar by District Collector, Patiala vide his order dated 27.07.2010 (Annexure P-1). Against this order, appeal of respondent No.4 was allowed ex-parte by the Commissioner, Patiala Division, Patiala vide his order dated 08.06.2011 (Annexure P-2). This was challenged by the petitioner before this Court by way of CWP No.12495 of 2011, wherein vide order dated 24.7.2012 (Annexure P-3) the above-said order was set aside by this Court and the case was remanded to the Commissioner, to pass afresh order after granting opportunity of being heard to both the parties.