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JASWANT SINGH versus FINANCIAL COMMISSIONER (APPEAL), PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Jaswant Singh v. Financial Commissioner (Appeal), Punjab - CWP-3465-2003 [2006] RD-P&H 5384 (8 August 2006)

C.W.P.No.3465 of 2003 [1]

THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

C.W.P.No.3465 of 2003

Date of Decision: 10-7 - 2006

Jaswant Singh ........Petitioner

v.

Financial Commissioner (Appeal), Punjab .........Respondents and another

CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA
HON'BLE MR.JUSTICE P.S.PATWALIA

***

Present: Mr.Balbir Singh, Advocate

for the petitioner.

Mr.M.L.Saggar, Advocate

for respondent No.2.

***

P.S.PATWALIA, J.

The present petition has been filed by Jaswant Singh son of Darshan Singh against the order passed by the Financial Commissioner, Punjab, Chandigarh whereby accepting the appeal filed by one Gurmeet Singh son of Maghar Singh, it had been ordered that Gurmeet Singh should be appointed as Lamberdar of Village Kassabad, Tehsil and District Ludhiana.

The factual position is that Maghar Singh Lamberdar of the village reportedly died on 18.4.1997. It was to fill up that vacancy that applications were invited, in response to which both the petitioner as also Gurmeet Singh son of Maghar Singh applied. While the Naib Tehsildar had recommended the name of Gurmeet Singh, the Tehsildar changed the recommendation in favour of Jaswant Singh. The District Collector and the Commissioner, Patiala Division, Patiala C.W.P.No.3465 of 2003 [2]

upheld those recommendations and directed that Jaswant Singh should be appointed as Lamberdar. However, the Financial Commissioner, Punjab reversed the orders of the District Collector as also the Commissioner and directed that Gurmeet Singh be appointed as Lamberdar of the village.

The Financial Commissioner has recorded that Gurmeet Singh is 30 years of age, had studied upto 9th

class and owns four acres of land. There is nothing against him in the police record and he does not suffer any other disadvantage. Rather he is the son of deceased Lamberdar and therefore has a hereditary claim on the post as well. On the other hand, Jaswant Singh is 34 years of age and also studied upto 9th

class and owns 23 acres of land. On assessment of the claim of both the candidates, the Financial Commissioner found favour in favour of Gurmeet Singh.

We find that the order by the Financial Commissioner has been passed on consideration of the record before him and after due application of mind. He has duly considered the claim of both the candidates and has found that the land owned by Gurmeet Singh is sufficient keeping in view the status of the Lamberdar. Otherwise, he also found no disadvantage in the claim of Gurmeet Singh and held in his favour after noticing that he was also the son of the deceased Lamberdar. We do not find any reason to interfere in the same in the exercise of our writ jurisdiction under Articles 226 and 227 of the Constitution of India. The present writ petition is therefore dismissed.

( P.S.PATWALIA )

JUDGE

( ASHUTOSH MOHUNTA )

July 10, 2006. JUDGE

RC


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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