ALOK SINGH,J. - (1.) PETITIONER has invoked extra ordinary / supervisory jurisdiction of this Court under Articles 226/227 of the Constitution of India, assailing impugned order dated 27.11.2009 passed by Financial Commissioner (respondent No. 1), as well as order dated 28.08.2007 passed by the Commissioner, Jalandhar Division, Jalandhar (respondent No. 2).
(2.) PETITIONER was appointed Lambardar by the Collector, Kapurthala, vide order dated 06.12.2006, however, order of the Collector was challenged in an appeal before the Commissioner by respondent No. 4 herein. The learned Commissioner having held that present petitioner (respondent therein) is running a school at Talwara, therefore, her availability in village Rajpur, to perform the duties of Lambardar seems to be doubtful, while availability of the candidate in the village is a paramount consideration. Learned Financial Commissioner also agreed with the Commissioner, Jalandhar Division and dismissed the revision filed by the present petitioner. The only question involved in the present petition is, as to whether a Lambardar is expected to be unemployed or merely engaged in agricultural activities?
(3.) IN the opinion of this Court, Lambardar cannot be expected to be an unemployed or merely engaged in agricultural activities. Merely because petitioner is running a school at Talwara, would not mean that she will not be available in the village to perform duties of Lambardar. Petitioner has given sufficient explanation that she has engaged several teachers and staff in the school to look after the management, other jobs and teaching activities, therefore, presence of the petitioner in the school regularly is not required, which was wrongly disbelieved by the learned Commissioner. Merely because, Lambardar is running a school in the nearby city, cannot be a basis to create doubt that in future she would not be available in the village to discharge duties of Lambardar.;