SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CM No. 2462-LPA of 2015

(2.) By way of present Letters Patent Appeal under Clause X of the Letters Patent, the appellant has assailed the impugned judgment dated 18.5.2015 passed by the learned Single Judge dismissing Civil Writ Petition No.9820 of 2015 filed by the petitioner (appellant herein).

(3.) Put pithily, Kirpal Singh, a previous Chowkidar of village Kullriyan, Tehsil Budhlada, District Mansa, expired on 21.1.2014. After his demise, the post of Chowkidar fell vacant. The Assistant Collector II Grade-cum-Naib Tehsildar, Bareta, District Mansa (respondent no.4), invited applications for appointment to the post of Chowkidar through proclamation. The appellant himself, Chuhra Singh @ Chuhar Singh (respondent no.5) and one Ram Singh applied for the post of Chowkidar. The application moved by the appellant for the post of Chowkidar was recommended by the Lambardar, the Sarpanch and 08 Panch Members of the Gram Panchayat. On 17.7.2014 the Assistant Collector II Grade-cum- Naib Tehsildar, Bareta, District Mansa (respondent no.4) sought character reports of all these three applicants from the Station House Officer, Police Station Bareta (for short "the SHO"). The SHO submitted his status report dated 21.7.2014 (Annexure P-2) to respondent no.4. In the meanwhile, said Ram Singh withdrew his candidature in favour of the appellant recommending his name for the post of Chowkidar on the ground that he was well educated and young in age than the other applicants. Respondent no.4 recommended the name of Chuhra Singh @ Chuhar Singh (respondent no.5) for the post of Chowkidar to the Assistant Collector 1st Grade-cum- Sub Divisional Magistrate, Budhlada, District Mansa (respondent no.3). Accordingly, respondent no.3, vide order dated 30.12.2014 (Annexure P-3) appointed Chuhra Singh @ Chuhar Singh (respondent no.5) to the post of Chowkidar. Feeling dissatisfied, the appellant filed an appeal before the District Collector, Mansa (respondent no.2), which was dismissed vide order dated 25.3015 (Annexure P-5). The appellant challenged the orders passed by the revenue authorities by filing Civil Writ Petition No. 9820 of 2015, which too was dismissed by the learned Single Judge. It is against this order that the appellant approached this court by filing the instant Letters Patent Appeal.