SARABJIT KAUR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 10.12.2018 (Annexure P-4) passed by the Financial Commissioner (Appeals), Punjab, whereby the revision petition preferred by respondent No.4-Ram Lubhaya challenging the order dated 13.12.2016 (Annexure P-2) passed by the Commissioner, Jalandhar Division, Jalandhar, vide which appeal preferred by petitioner was allowed and the case remanded back to the Collector for fresh consideration by setting aside the appointment of Ram Lubhaya, as Lambardar, has been accepted by holding that the order passed by the Commissioner, Jalandhar Division, Jalandhar, is not sustainable in law.

(2.) It is the contention of learned counsel for the petitioner that the order dated 06.02.2016 (Annexure P-1) passed by the Collector, Jalandhar- respondent No.3 appointing Ram Lubhaya-respondent No.4 as a Scheduled Caste Lambardar of Village Kahna Dhesian, Tehsil Phillaur, District Jalandhar, is not sustainable in the light of the fact that the petitioner is a lady, whose name has been recommended by the Gram Panchayat and has the hereditary right as her father-in-law was the Lambardar of the village. He contends that the Commissioner, on considering the various aspects of the matter and the comparative merits of the candidates, proceeded to set aside the order of the Collector, whereby respondent No.4 was appointed as Lambardar. He contends that the well reasoned order dated 13.12.2016 (Annexure P-2) passed by the Commissioner, Jalandhar Division, Jalandhar, has been set aside by the Financial Commissioner (Appeals), Punjab, vide order dated 10.12.2018 (Annexure P-4) in a cryptic manner without taking into consideration the fact that the petitioner had a hereditary right and she being a lady should have been given preference over respondent No.4. He, thus, prays that the present writ petition be allowed by setting aside the impugned order. Reliance has been placed by the counsel for the petitioner on the Division Bench judgment of this Court in Gurlal Singh Versus Financial Commissioner (Revenue) Punjab and others 2008 (4) RCR (Civil) 792, wherein it has been asserted that the Financial Commissioner while exercising the revisional powers can set aside the order if he finds glaring irregularity or illegality in the order and could appoint a candidate on the post of Lambardar, who is more suitable.

(3.) I have considered the submissions made by the counsel for the petitioner and with his assistance, have gone through the impugned orders as also the order passed by the Commissioner, Jalandhar Division, Jalandhar, which is in favour of the petitioner.