GURDIAL SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) THE instant revision petition has been filed under section 16 of the Punjab Land Revenue Act, 1887 to set aside the order dated 18/9/2007 passed by Ld. Commissioner, Hissar where by he set aside order dated 12.04.2007 of Ld. District Collector, Fatehabad.

(2.) BRIEFLY the facts of this case are that with formal approval of Commissioner, Hisar vide his order Endst No. 23,22/F/EA/Code-I/3583 dated 23.03.2005, the general category post of Lambardar of village Dher was created. To fill up this post Naib Tehsildar, Jakhal conducted munadi on 4.04.2006 and its Roznamcha report was entered against No. 326 dated 6.04.2006. 12 persons submitted applications. Out of these, 8 applicants withdrew from the array of contesting. There remained 4 contesting applicants namely Sh. Iqbal Singh, Gurdial Singh, Avtar Singh and Sh. Balwinder. Character antecedents were got verified from police. Three were found fit and one of these four vis-a-vis. Regarding Sh. Gurdial Singh, it was reported that FIR No. 228 dated 10.09.2005 under sections 420/467/468/419/471 and FIR No. 229 dated 10.09.2005 under sections 420/467/468/419/ 471/34 of I.P.C have been lodged against him. After hearing all these four candidates, Naib Tehsildar, Jakhal recommended the name of Sh. Iqbal Singh applicant to Tehsildar, Tohana vide his order dated 21.09.2006. Tehsildar Tohana agreed with the recommendation of NT Jakhal and forwarded the same to SDO(C), Tohana vide his order dated 15.02.2006. SDO(C), Tohana after considering relative merits of the candidates also recommended the name of Sh. Iqbal Singh to District Collector, Fatehabad vide his order dated 28.02.2007.

(3.) SH . Iqbal Singh son of Harminder Singh aggrieved by Collector's order appealed to Ld. Commissioner, Hisar. Appellate Authority heard the arguments of both counsels and found that the appellant was younger, had got Home Guard training. He was a Social worker and took keen interest in motivating people for blood donation etc. Village Panchayat has passed resolution on 11.06.2006 in favour of appellant. Naib Tehsildar, Jakhal in his recommendation reported that no complaint/case had been lodged against him. In contrast FIRs/Cases stand lodged against the respondent under I.P.C and decision for the same were pending in the court of Sub-divisional Magistrate Tohana. The Commissioner agreed with arguments of counsel appellant and having found appeal full of force, set aside the order of District Collector, Fatehabad and appointed the appellant Sh. Iqbal Singh Lambardar of village Dher, Tehsil Tohana vide his order dated 18.09.2007.