Rameshwar Singh Malik, J. - (1.) Present writ petition is directed against the order dated 1.10.2014 (Annexure P-5), passed by the Financial Commissioner, Punjab, whereby he set aside the order dated 18.9.2012 (Annexure P-4) passed by the Divisional Commissioner, Patiala Division, Patiala, appointing the petitioner as Lambardar, and remanded the case to the Collector for fresh decision.
(2.) Notice of motion was issued and in compliance thereof, reply by way of short affidavit was filed on behalf of respondents No.1 and 2. However, no reply has been filed on behalf of the contesting respondent No.3. Heard learned counsel for the parties. It has gone undisputed before this Court that petitioner as well as respondent No.3 were contesting for the post of Lambardar. Assistant Collector 2nd Grade, Samana, recommended the name of respondent No.3, treating him as 7th class pass. This detailed report was made on 25.4.2011 (Annexure P-1). When the matter was under consideration before the District Collector for appointment of respondent No.3 as Lambardar, he never denied this fact that he was not 7th class pass. He also did not deny that certificate of 7th class was not produced by him before the Assistant Collector 2nd Grade, Samana. On the other hand, it was specifically recorded by the District Collector that respondent No.3 was 7th class pass. This was one of the relevant considerations which weighed with the District Collector while appointing respondent No.3 as Lambardar, vide his order dated 27.9.2011 (Annexure P-2).
(3.) Feeling aggrieved against the above said order appointing respondent No.3 as Lambardar, petitioner filed his appeal, which was rightly accepted by Divisional Commissioner, Patiala Division, Patiala, vide his order dated 18.9.2012 (Annexure P-4). It is pertinent to record here that in the meantime, certificate of 7th class of respondent No.3 had been found to be a forged one, vide communication dated 8.12.2011 (Annexure P-7), issued by Sub Divisional Magistrate, Samana. Proceeding on a positive approach, Commissioner, Patiala Division, Patiala, rightly appointed the petitioner as Lambardar, after setting aside the order passed by the District Collector, which was found suffering from a patent illegality.;