BAGHEL SINGH Vs. FINANCIAL COMMISSIONER REVENUE, PUNJAB

JUDGEMENT

(1.) This is an intra-court appeal, under Clause X of the Letters Patent, against an order and judgment dtd. 8/4/2019, rendered by the learned single Judge, vide which the writ petition preferred by the appellant against an order dtd. 29/10/2018, passed by the Financial Commissioner (Appeals), whereby appointment of the appellant as Lambardar was set aside and the matter was remitted to the District Collector, has since been dismissed.

(2.) The facts that are required to be noticed are limited.

(3.) A vacancy of Lambardar in village Sheron, Tehsil Sunam Udham Singh Wala, District Sangrur, occurred owing to the death of Lambardar (Tek Singh). Pursuant to the process initiated by the authorities to fill up the said post, appellant and respondent No. 4 submitted their respective claims. Although, Assistant Collector 2nd Grade (Naib Tehsildar) and Assistant Collector 1st Grade (Tehsildar), recommended the candidature of respondent No. 4, but the Sub-Divisional Magistrate, Sunam, disagreed with their recommendations and instead recommended appellant (Baghel Singh) for appointment. Upon a consideration of the matter, the District Collector reached a conclusion that although respondent-Jasvir Singh was more educated, and possessed more land, but since an FTR No. 46 dtd. 10/2/2004, under Ss. 452/379/506/354/342/294/427/323/148, IPC, was registered against him, and even though he was subsequently acquitted, he was not suitable for appointment. Whereas, the appellant was a grandson of the deceased Lambardar and there was nothing adverse against him on record. Accordingly, vide order dtd. 15/9/2014, the District Collector appointed him as Lambardar.