- (1.) This civil writ petition has been filed in challenge to order dated 24.8.2009 (Annexure P-3) passed by the Commissioner, Jalandhar Division, Jalandhar whereby appeal filed by respondent No. 4, Manjit Singh son of Joginder Singh, who was appointed as Chaukidar by Sub Divisional Magistrate Cum Collector, Baba Bakala, District Amritsar, has been set aside and the case has been remanded for re-adjudication.
(2.) It transpires that petitioner, Mahohar Singh and respondent No. 4, Manjit Singh, both real brothers, were competing for the post of Chaukidar for Village & Tehsil Baba Bakala, District Amritsar.
(3.) Rules 7 and 8 of the Punjab Chaukidara Rules, 1976 provide as under : "7. The person or persons authorised to nominate to the office of village watchmen or daffadar shall within 15 days after being required by the Deputy Commissioner, or the officer duly authorised by him in that behalf so to do, nominate a proper person to the vacant post and communicate the nomination to the Deputy Commissioner. 8. The person so nominated shall, after due enquiry into his age, character and ability, be appointed or rejected at discretion by such Deputy Commissioner, or by some officer authorised by him in that behalf.";