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2023 Supreme(P&H) 792

RAJESH BHARDWAJ
Swaran Singh – Appellant
Versus
Financial Commissioner (Appeals) Punjab – Respondent


Advocates appeared:
Mr. Amarjit Markan, Advocate, for the petitioner.
Mr. Arun William, Assistant Advocate General, Punjab.
Mr. Sherry K. Singla, Advocate, for respondent No.4.

RAJESH BHARDWAJ, J.

1. Prayer in the present petition is for quashing the order dated 11.11.2021 (Annexure P-1) passed by respondent No.1-Financial Commissioner, whereby a well reasoned order dated 29.08.2017 (Annexure P-2) passed by respondent No.2-Commissioner, has been wrongly set aside on a perverse ground that petition has been held guilty for theft of electricity, although the documents on record clearly prove that the FIR was cancelled in view of the compounding fee deposited by the petitioner, as reflected in orders dated 20.05.2017 (Annexure P-5) and 08.07.2017 (Annexure P-6) passed by Presiding Officer, Lok Adalat, Patiala.

2. Succinctly stated the facts of the case are that on account of death of Amar Singh, Lambardar of village Khairpur Jattan Tehsil Rajpura, post of Lambardar fell vacant and thus, process for the appointment of new Lambardar was initiated. Resultantly, proclamation was carried out and in response to the same, three candidates, namely, Swaran Singh (petitioner), Gurbakhshish Singh and Avtar Singh (respondent No.4) applied for the post. During the pendency of the proceedings, Gurbakhshish Singh withdrew his application in favour of Swaran Singh (petitioner

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