- (1.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 06.08.2001 (Annexure P-3) passed by respondent No.2 Additional Deputy Commissioner, Sangrur and for restoration of the order dated 05.04.2001 (Annexure P-1) passed by respondent No.1 Sub Divisional Magistrate, Dhuri, while exercising the powers of Deputy Commissioner.
(2.) Brief facts of the case are that to fill up the vacancy caused on account of death of Narang Singh, Chowkidar of village Jakhlan, applications were invited from interested persons through proclamation done by way of beat of drum in the village. In response thereto, Tehsildar, Dhuri received only two applications i.e. from petitioner Balkar Singh son of Narang Singh and respondent No.4 Kahan Singh son of Gurdev Singh. After verifying the credentials of both the candidates, Tehsildar, Dhuri vide report dated 11.12.2000 recommended the name of Balkar Singh for appointment as Chowkidar. However, respondent No.1 vide order dated 15.01.2001 returned the case file back to respondent No.3 Tehsildar, Dhuri for the reason that the name of respondent No.4 Kahan Singh was inadvertantly shown as Kahar Singh. As such respondent No.3 was directed to make fresh recommendation after making enquiry. In his subsequent report dated 12.03.2001, Tehsildar, Dhuri, recommended the name of respondent No.4 Kahan Singh for appointment as Chowkidar in place of petitioner Balkar Singh. Respondent No.1 Sub Divisional Magistrate after hearing both the parties, appointed petitioner as Chowkidar of the village Jakhlan vide order dated 05.04.2001 (Annexure P-1). Feeling aggrieved against the order dated 05.04.2001, respondent No.4 filed appeal before the Deputy Commissioner, which was allowed and respondent No.4 was appointed Chowkidar of the village vide order dated 03.07.2001. Petitioner preferred a review application for recalling the order dated 03.07.2001 and for hearing the appeal afresh on merits. The application was allowed and appeal was re-heard on merits, however, appeal was allowed and respondent No.4 was appointed Chowkidar of the village Jakhlan vide order dated 06.08.2001 (Annexure P-3). Against the order dated 06.08.2001, petitioner preferred appeal before the Commissioner, which has been dismissed vide order dated 17.04.2002 (P-5). Hence, this writ petition.
(3.) In pursuance of the notice, respondent No.4 filed reply averring that respondent No.1 was not competent to pass order dated 05.04.2001 (Annexure P-1) as he was authorized by the Deputy Commissioner on 31.05.2001. Thus, the order dated 05.04.2001 has rightly been set aside by respondent No.2 vide impugned order dated 06.08.2001 holding that the order dated 05.04.2001 has been passed beyond jurisdiction and, therefore, non-est in the eyes of law.;