BHAG SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for quashing of the order dtd. 22/10/2018 (Annexure P-3) passed by the Financial Commissioner, Punjab, whereby the revision petition preferred by the petitioner stands dismissed challenging the order dtd. 8/8/2017 (Annexure P-2) passed by the Commissioner, Jalandhar Division, Jalandhar, whereby the appointment of the petitioner as Lambardar of Village Nadala, Tehsil Bholath, District Kapurthala, vide order dtd. 5/5/2016 (Annexure P-1), was set aside on the ground that proclamation, which has been carried out in the village, is a false and fabricated document and as a matter of fact, no such proclamation was carried out. This, the counsel for the petitioner states, is contrary to the records and, therefore, the impugned order cannot sustain and deserves to be set aside.

(2.) It is the contention of the learned counsel for the petitioner that after the issuance of the proclamation on 28/3/2016 in the village by the chowkidar, which has been duly sanctioned by the Lambardar as well as the Nagar Councillor, the petitioner applied for the said post of Lambardar along with seven others. The last date for submission of applications was 8/4/2016. Most of the candidates withdrew the candidature during the process of consideration and ultimately, before the District Collector, Kapurthala, the remaining candidates also withdrew the candidature leaving the petitioner only as a candidate before the said authority, who is the appointing authority of the Lambardar.

(3.) Taking into consideration the qualification of the petitioner and requirement of the rules, petitioner was appointed as Lambardar of the Village. It is thereafter that an appeal was preferred by one Soma Rani widow of Late Sh. Avtar Singh, who was the previous Lambardar of Village Nadala, asserting that the proclamation has not been issued in accordance with law. The said appeal itself was not maintainable as she was not a candidate for appointment to the post of Lambardar and secondly, the petitioner being the only candidate and eligible as per the requirement of the rules, has been rightly appointed by the competent authority.