Gurmit Singh vs Financial Commissioner, Revenue, Punjab and Others

Rajan Gupta, J.—Challenge in the present writ petition is to order dated 16.2.2010 passed by Financial Commissioner, Revenue, Punjab whereby he has upheld the decision to make a fresh proclamation for appointment to the post of Lambardar in village Gujjarwal, District Ludhiana.

Grouse of the petitioner is that after entire process having been completed, there was no ground to order denovo proceedings.

Learned counsel representing respondents have opposed the plea. According to them, proclamation was defective, thus, the authorities had no option except to direct fresh proclamation.

I have heard learned counsel for the parties.

It appears that post of Lambardar in village Gujjarwal fell vacant on death of Santokh Singh. Process was initiated to fill up the post. Proclamation is stated to have been effected on 11.7.2006. Only petitioner and respondent No. 4 remained in the fray. Respondent No. 5 moved an application for being considered for the post of Lambardar. Collector, however, came to the conclusion that there had been no proper proclamation. Residents of the village as well as Gram Panchayat filed application before him with the plea that proclamation had not been done in the village. The Authority, thus, directed Sub Divisional Magistrate to make fresh proclamation to invite applications for the post of Lambardar.

Petitioner unsuccessfully challenged the order before Commissioner, Patiala Division as well as Financial Commissioner, Punjab. In my considered view, no interference in the writ jurisdiction is called for. The authorities have come to the conclusion that proper proclamation was not effected pursuant to initiation of process to select Lambardar. Collector was thus left with only two candidates to choose from. Had proper proclamation been effected, Collector would have had wider choice to select the candidate. There is thus no merit in the petition.

Dismissed.