KULDIP SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2008-8-141
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 29,2008

KULDIP SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

J.S.KHEHAR,J - (1.) GURDIAL Singh, the previous Lambardar, was dismissed by the District Collector Fatehgarh Sahib, by an order dated 13.12.1999. Accordingly, the process of appointment of a new Lambardar was set into motion by a proclamation in village Jai Singh Wala, Tehsil Bassi Pathana District Fatehgarh Sahib. Although, a number of applications were received, yet all the contestants other than Kuldip Singh (the petitioner herein) and Rakha Singh (respondent No. 2 herein) withdrew from the contest. The name of Kuldip Singh was recommended by the District Collector, Bassi Pathana, for appointment as Lambardar on 31.10.2000.
(2.) DISSATISFIED with the recommendation made in favour of Kuldip Singh, as has been stated in the foregoing paragraph, Rakha Singh filed an appeal before the District Collector, Fatehgarh Sahib. Having considered the relative merits of the rival candidates, the aforesaid appeal came to be dismissed on 12.2.2001. Still aggrieved by the action of the authorities in appointing Kuldip Singh as Lambardar, Rakha Sigh preferred a further appeal before the Divisional Commissioner, Patiala Circle. The Divisional Commissioner, Patiala Circle, arrived at the conclusion that Rakha Singh was more meritorious than Kuldip Singh. Accordingly, the appeal was accepted. The appointment of Kuldip Singh as Lambardar was set aside and in his place Rakha Singh was appointed as Lambardar.
(3.) DISSATISFIED with the order passed by the Divisional Commissioner, Patiala Circle, Kuldip Singh preferred a revision petition challenging the order dated 18.6.2001 vide which the appeal preferred by Rakha Singh had been accepted. The Financial Commissioner Appeals-II by and order dated 23.10.2003, dismissed the revision petition preferred by Kuldip Singh. It is, therefore, that Kuldip Singh has preferred the instant writ petition, so as to challenge the action of the respondents in choosing Rakha Singh over him for appointment as Lambardar.;


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