HARBANS SINGH Vs. THE FINANCIAL COMMISSIONER, APPEALS-I, PUNJAB
LAWS(P&H)-2007-5-134
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 08,2007

HARBANS SINGH Appellant
VERSUS
Financial Commissioner, Appeals-I, Punjab Respondents

JUDGEMENT

RAJIVE BHALLA, J. - (1.) THE petitioner, impugns orders dated 18.8.2004 and 30.5.2005, passed by respondents No. 2 and 1 respectively.
(2.) APPLICATIONS were invited, for filling up the vacancy for the second post of Lambardar in Village Gagowal. The petitioner as also others, i.e. 8 candidates in all applied. Gurdeep Singh and Sukhwinder Singh withdrew their applications. After examining the applications on merits. The Tehsildar, Mansa, recommended the petitioner's name for appointment as Lambardar. This recommendation was forwarded to the Sub Divisional Magistrate, Mansa, who concurred with the recommendation and forwarded the same to the District Collector, Mansa, the appointing authority. The District Collector, after considering the merits of the candidates, held that the petitioner was the most suitable candidate and accordingly vide order dated 16.2.2004 ordered his appointment. Aggrieved by the aforementioned order, respondent No. 4, filed an appeal before the Commissioner, Faridkot Division, Faridkot. Vide order dated 18.8.2004, the Commissioner, set aside the order of the Collector and remanded the matter for a decision, afresh. The Commissioner, held that the Collector had failed to consider the pleas that respondent No. 4 had worked as a Sarbrah Lambardar for 15 years and that respondent No. 4 was not a resident in the village, as he resided in Mansa town.
(3.) THE petitioner, thereafter, filed a revision, before the Financial Commissioner, Appeals-I, Punjab. Vide order dated 30.5.2005, the Financial Commissioner dismissed the revision, but without setting aside the Commissioner's order appointed respondent No. 4.;


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