IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Harnail Singh - Petitioner
Versus
Financial Commissioner (Appeals), Punjab and another - Respondents
CWP-3721 of 2023 (O&M)
Decided On : 01-04-2026
JUDGMENT :
HARSH BUNGER J.
1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 17.11.2022 (Annexure P-10) passed by learned Financial Commissioner (Appeals), Punjab.
2. Written statement on behalf of respondent No.2 is filed by learned counsel for the respondent No.2 in Court today, which is taken on record, subject to all just exceptions.
3. Briefly, upon demise of Sh. Gurdev Singh, previous Lambardar (General) of village Ramgarh, Tehsil Amloh, District Fatehgarh Sahib, proceedings were initiated for filing up the said vacancy, wherein the present petitioner (Harnail Singh) and respondent No.2 (Hardeep Singh) were also the candidates.
3.1 It appears that, the learned Assistant Collector 2nd Grade, Almoh, recommended the candidature of the petitioner (Harnail Singh), whereas learned Assistant Collector 1st Grade, Almoh, recommended the candidature of respondent No.2 (Hardeep Singh), for appointment to aforesaid vacancy and placed the matter before the learned Collector.
3.2 The learned Collector upon considering the relative merits and demerits of the candidates, found respondent No.2 (Hardeep Singh) as a suitable candidate; and accordingly vide order dated 07.08.2012 (Annexure P-2) appointed him as Lambardar of village Ramgarh, Tehsil Amloh, District Fatehgarh Sahib.
3.3 Feeling aggrieved against the aforesaid learned Collector’s order dated 07.08.2012 (Annexure P-2), the present petitioner (Harnail Singh) preferred an appeal before the learned Commissioner, Patiala Division, Patiala. Similarly, another candidate namely Gurmeet Singh also preferred a separate appeal challenging the learned Collector’s order. Both the aforesaid appeals came to be disposed of by learned Commissioner, Patiala Division, Patiala, vide order dated 29.10.2013 (Annexure P-5), whereby, matter was remanded to the learned Collector for the fresh decision.
4. Thereafter, on remand, the learned Collector, vide order dated 02.06.2014 (Annexure P-6) again appointed respondent No.2 (Hardeep Singh) as Lambardar of village Ramgarh, Tehsil Amloh, District Fatehgarh Sahib.
4.1 Feeling aggrieved against the learned Collector’s order, present petitioner preferred an appeal before the learned Commissioner, Patiala Division, Patiala, which came to be allowed vide order dated 29.11.2014 (Annexure P-8); whereby the learned Collector’s order dated 02.06.2014 (Annexure P-6) was set aside and petitioner (Harnail Singh) was appointed as Lambardar of village Ramgarh, Tehsil Amloh, District Fatehgarh Sahib.
4.2 Feeling dissatisfied, respondent No.2 preferred a revision petition (ROR No.45 of 2017) before the learned Financial Commissioner, Punjab which has been allowed vide order dated 17.11.2022 (Annexure P-10), whereby the aforesaid order dated 29.11.2014 (Annexure P-8) was set set aside and the order dated 02.06.2014 (Annexure P-6) passed by learned Collector, appointing respondent No.2 (Hardeep Singh) as Lambardar was maintained.
5. In the aforementioned circumstances, the present writ petition has been filed before this Court for seeking relief(s) as noticed hereinabove.
6. Heard.
7. Apparently, respondent No.2 (Hardeep Singh) was appointed as Lambardar by the learned Collector vide order dated 02.06.2014 (Annexure P-6). Although on an appeal being filed by the petitioner (Harnail Singh), the learned Commissioner vide order dated 29.11.2014 (Annexure P-8) had set aside the aforesaid learned Collector’s order and appointed petitioner as the Lambardar; however on a further revision petition (ROR No.45 of 2017) being filed by respondent No.2 (Hardeep Singh), learned Financial Commissioner vide order dated 17.11.2022 (Annexure P-10) has set aside the learned Commissioner’s order dated 29.11.2014 (Annexure P-8) and the learned Collector’s order appointing respondent No.2 (Hardeep Singh) as Lambardar has been maintained, by observing as under:-
“5. I have heard the Ld. Counsel for the petitioner and gone through the orders of lo
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