RAM KISHAN Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Munshi Ram, Lamberdar (reserve category) of village Barian Kalan died on 23.4.2002. Process was initiated for filling up the vacancy. Applications were invited. Six persons applied. The first proposal reached upto the level of Sub Divisional Magistrate, Garhshankar but the file was returned because of non appearance of the parties before him. In the second round, Naib Tehsildar vide his report dated 17.10.2003 recommended the name of Gian Chand, respondent No.4 as Lamberdar (reserve category) of village Barian Kalan. The Tehsildar endorsed the same but the Sub Divisional Magistrate, Garhshankar recommended the name of the petitioner. The matter reached District Collector, Hoshiarpur who weighed merits and de-merits of each candidate and recommended the name of Gian Chand, respondent No.4 vide his letter dated 11.3.2004 (Annexure P-1). The appeal filed by the petitioner was dismissed by the Commissioner, Jalandhar Division, Jalandhar vide order dated 10.2.2005 (Annexure P-2). The petitioner filed revision petition in the Court of Financial Commissioner, Punjab, Chandigarh. The revision petition was dismissed vide order dated 22.11.2005 (Annexure P-4).

(2.) Hence, the writ petition.

(3.) The submission of learned counsel for the petitioner was that the petitioner was an ex-serviceman and the Financial Commissioner, respondent No.1 had dismissed the revision petition filed by the petitioner without considering merits and de-merits of each candidate. On the other hand, the learned counsel for the contesting respondent submitted that since a detailed order was passed by the Collector on 11.3.2004 (Annexure P-1), therefore, the learned Financial Commissioner was only to examine if the said order suffered from any irregularity or illegality.