G.S. Singhvi, J. - (1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing order Annexure P.9 dated 29.11.2001 passed by the Financial Commissioner Appeals -I, Punjab (respondent No.1) and for restoration of order Annexure P -7 dated 7.8.2001 passed by the Commissioner, Jalandhar Division, Jalandhar.
(2.) The facts necessary for deciding the writ petition are that in pursuance of the proclamation made in village Miani through Halqa Patwari, the petitioner is said to have submitted application dated nil to the Naib Tehsildar for appointment of Lambardar of the village. Five other candidates including respondent No.3 also applied in response to the proclamation. Their applications were forwarded by Naib Tehsildar -cum -Assistant Collector, Grade -11, Tanda to the Tehsildar, Dasuya vide Annexure P -l dated nil. He recommended that respondent No.3 be appointed as Lambardar. The relevant extract of the recommendations made by the Naib Tehsildar reads as under: - "Antecedents of these candidates were duly verified from the police which are attached with the file and found satisfactory. Therefore, keeping in view the aforesaid facts, the name of Shri Subhash Chander Ex -Naik son of Bhagat Ram resident of village Miani is recommended for the appointment of Lambardar because he belongs to Ad -dharmi caste and younger in age as 37 years old. He is having his vote and ration car in the village. He owns his own kothi in the village and is owner of 3 shops. He retired front the Army and is drawing his pension. He does not participate in any political party and has not taken any loan and moreover, no case is pending against him. He knows the working of Lambardar."
(3.) The Tehsildar, Dasuya approved the recommendations made by the Naib Tehsildar and vide Annexure P.3 dated 26.4.1999, he forwarded the case to the Sub Divisional Magistrate with the following remarks: "all the candidates are permanent resident of village Miani and belong to Harijan caste. The record was perused and the candidates were heard. Thereafter, 1 have come to the conclusion that out of the candidates, Shri Subhash Chander son of Bhagat Ram is suitable for the appointment of Lambardar. I agree with the report of Naib Tehsildar, Tanda and recommend the name of Subhash Chander son of Bhagat Ram, resident of village Miani for the appointment of Harijan Lambardar.";