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2025 DAILYLAW 37204 (PNJ)

ASHOK KUMAR v. FINANCIAL COMMISSIONE APPEALS PUNJAB AND OTHERS

CWP/8312/2025 · 2025-07-14

Harsh Bunger

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA ASHOK KUMAR FINANCIAL COMMISSIONER (APPEALS) PUNJAB AND OTHERS CORAM: Present : HARSH BUNGER, J. [ORAL] the Constitution of India, is for issuance of a writ in the nature of for setting aside the order dated 29.05.2014 (Annexure P learned Collector, S.B.S. Nagar; orde passed by the learned Commissioner, Rupnagar Division, Rupnagar and order dated 14.07.2021 (Annexure P Commissioner (Appeals), Punjab. 2. of village Bharthala, Tehsil Balachaur, District S.B.S. Nagar; proceedings were initiated for filling up the vacancy, wherein, petitioner as well as respondent No.4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ASHOK KUMAR Versus FINANCIAL COMMISSIONER (APPEALS) PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARSH BUNGER Mr. Navraj Singh, Advocate for Mr. Gursimran Singh Bhatia, Advocate for the petitioner. Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. HARSH BUNGER, J. [ORAL] Prayer in the present petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of for setting aside the order dated 29.05.2014 (Annexure P learned Collector, S.B.S. Nagar; order dated 01.06.2018 (Annexure P passed by the learned Commissioner, Rupnagar Division, Rupnagar and order dated 14.07.2021 (Annexure P-3) passed by the learned Financial Commissioner (Appeals), Punjab. Briefly, on demise of Sh. Surat Ram, previous of village Bharthala, Tehsil Balachaur, District S.B.S. Nagar; proceedings were initiated for filling up the vacancy, wherein, petitioner as well as respondent No.4-Jarnail Singh, were also the candidates. Page 1 of 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8312-2025 (O&M) Date of decision : 14.07.2025 …Petitioner FINANCIAL COMMISSIONER (APPEALS) PUNJAB …Respondents HON’BLE MR. JUSTICE HARSH BUNGER for Mr. Gursimran Singh Bhatia, Advocate Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. Prayer in the present petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari for setting aside the order dated 29.05.2014 (Annexure P-1) passed by the r dated 01.06.2018 (Annexure P-2) passed by the learned Commissioner, Rupnagar Division, Rupnagar and 3) passed by the learned Financial Briefly, on demise of Sh. Surat Ram, previous lambardar (SC) of village Bharthala, Tehsil Balachaur, District S.B.S. Nagar; proceedings were initiated for filling up the vacancy, wherein, petitioner-Ashok Kumar Jarnail Singh, were also the candidates. 3 2025 (O&M) Date of decision : 14.07.2025 Prayer in the present petition, filed under Articles 226/227 of certiorari 1) passed by the 2) passed by the learned Commissioner, Rupnagar Division, Rupnagar and 3) passed by the learned Financial (SC) of village Bharthala, Tehsil Balachaur, District S.B.S. Nagar; proceedings Ashok Kumar GURPREET KAUR 2025.07.16 14:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 2.1 The Tehsildar, Balachaur, recommended the candidature of petitioner and the Sub-Divisional Magistrate, Balachaur, recommended the candidature of respondent No.4-Jarnail Singh for appointment to the afore- said vacancy and placed the matter before the learned Collector. 2.2 The learned Collector, S.B.S. Nagar, after considering the comparative merits and de-merits of the candidates, found respondent No.4- Jarnail Singh as more suitable and accordingly, appointed him as the lambardar of village Bharthala, Tehsil Balachaur, District S.B.S. Nagar, vide order dated 29.05.2014 (Annexure P-1). 2.3 Feeling aggrieved against the Collector’s order dated 29.05.2014 (Annexure P-1), petitioner preferred an appeal before the learned Commissioner, Rupnagar; which was dismissed vide order dated 01.06.2018 (Annexure P-2). 2.4 Still aggrieved, the petitioner preferred a revision petition (ROR-537-2018) before the learned Financial Commissioner, which has also been dismissed vide order dated 14.07.2021 (Annexure P-3). 2.5 In the afore-mentioned circumstances, the present writ petition has been filed before this Court. 3. Heard. 4. The only argument raised by learned counsel for the petitioner is that the petitioner is more educated than respondent No.4; however, he has been wrongly non-suited by the authorities below. 4.1 I have considered the afore-said contention raised on behalf of the petitioner; however, I find no merit in the same. The petitioner claims to have studied upto 11th class whereas, the respondent No.4 is 10th Class pass, which does not make respondent No.4 as ineligible for appointment to the post of lambardar. GURPREET KAUR 2025.07.16 14:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 4.2 All the revenue authorities have consistently found respondent No.4 to be a suitable candidate for the post of lambardar and accordingly, he has been appointed as the lambardar. It is well settled law that in the matter of appointment of lambardar, the choice of the Collector is not to be lightly interfered with even if two views are possible. 5. Having gone through the impugned orders, I find no illegality or perversity in the order dated 29.05.2014 (Annexure P-1) passed by the learned Collector, S.B.S. Nagar, whereby, respondent No.4 was appointed as the lambardar. 6. Accordingly, finding no merit in the present writ petition and the same is, hereby, dismissed. 7. All pending applications (if any) shall also stand closed. July 14, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No GURPREET KAUR 2025.07.16 14:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh