- (1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of order dated 16.12.2009 (Annexure P-5) passed by Financial Commissioner, Punjab and seeking restoration of order dated 26.04.2006 (Annexure P-4) passed by Divisional Commissioner, Patiala, whereby order dated 13.09.2004 (Annexure P-3) passed by the District Collector, Sangrur appointing petitioner-Manjinder Singh as Lambardar (SC) of Village Chhiniwala Khurd, Tehsil Barnala, District Sangrur (now District Barnala) has been upheld.
(2.) Brief facts of the case are that on the demise of Kehar Singh on 18.10.2002, previous Lambardar (SC) of Village Chhiniwal Khurd, Tehsil Barnala, District Sangrur, the post of Lambardar fell vacant. After seeking sanction from the competent authority, proclamation was made in the village to fill up the said vacant post. In pursuance of the proclamation, four candidates namely Balwinder Singh, Manjinder Singh, Sukhpal Singh and Tarsem Singh applied for the said post. Balwinder Singh withdrew his candidature in favour of Manjinder Singh. Character and antecedents of remaining candidates were got verified from the local police Tehsildar and SDM recommended the name of Sukhpal Singh whereas Naib Tehsildar recommended the name of Manjinder Singh. The case was sent to the Collector. The Collector after appreciating the comparative merits, appointed Manjinder Singh-petitioner as Lambardar of the Village vide order dated 13.09.2004 (Annexure P-3). Sukhpal Singh-respondent No.5 preferred an appeal before the Divisional Commissioner, Patiala and that has been dismissed vide order dated 26.04.2006 (Annexure P-4). Dis-satisfied with the order of the Divisional Commissioner, Sukhpal Singh preferred a revision before the Financial Commissioner, Punjab who vide order dated 16.12.2009 (Annexure P-5) remanded the matter to the District Collector by observing that both the candidates are not suitable. While remanding the matter to the District Collector, Financial Commissioner observed that Sukhpal Singh was caught cheating in the examination whereas petitioner-Manjinder Singh is working as a teacher and would not be available in the village at all times.
(3.) Hence, the instant writ petition.;