KULDIP SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 16.02.2017 (Annexure P-10) passed by the Financial Commissioner (Appeals-I), Punjab, whereby, after the remand of the case by this Court vide order dated 13.05.2014 in CWP No. 22846 of 2011 preferred by the petitioner by setting aside the order dated 10.02.2011 earlier passed for fresh decision, whereby the revision of the petitioner against the order dated 06.10.2005 (Annexure P-6) passed by the Commissioner, Jalandhar Division, Jalandhar, which is also under challenge in the present writ petition ROA No. 76 of 2005 again stands dismissed.

(2.) Briefly, the facts are that on the death of Banta Singh, who was the Lambardar of Village Majhoor, Tehsil and District Nawanshahar (SBS Nagar), applications were invited for filling up the said post. Apart from the petitioner-Kuldip Singh, respondent No. 4-Sukhwant Singh and one Gur Sahab Singh applied for the same. Except for the petitioner, no other candidate appeared before the Collector, Nawanshahar and on considering the claim of the petitioner, he was appointed as Lambardar of the village on 03.09.2002 (Annexure P-1).

(3.) Appeal was preferred by Sukhwant Singh-respondent No. 4 before the Commissioner, wherein it was asserted that he was not informed about the date of hearing before the subordinate revenue authorities or before the Collector with regard to the consideration of his application for appointment to the post of Lambardar, which plea was accepted by the Commissioner (Appeals) Jalandhar Division, Jalandhar vide order dated 24.09.2003 (Annexure P-4) and by setting aside the appointment of the petitioner, remanded the case back to the District Collector, Nawanshahar for passing fresh order after affording an opportunity of hearing to the parties. In pursuance thereto, the Collector, Nawanshahar passed a fresh order dated 18.01.2005 (Annexure P-5) by considering the merits of both the candidates and again appointed the petitioner as Lambardar of the village.