Dismissed

Santokh Singh v. Fcr & Ors.

Punjab & Haryana HC6 Aug 2008CWP/13805/2008

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's challenge to the remand order made by the Financial Commissioner regarding the appointment of a Lambardar. The lower court had remanded the matter due to pending criminal cases against the respondent. The High Court found no ground to interfere.

What did the court decide?

The petition was dismissed; the order of remand passed by the Financial Commissioner was upheld.

Santokh Singh Vs Fcr & Ors. — Service and Employment | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.W.P. No. 13805 of 2008

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DATE OF DECISION : 06.08.2008

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Santokh Singh

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.... PETITIONER

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Versus

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Financial Commissioner, Appeals-I, Punjab and others

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..... RESPONDENTS

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CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present: Ms. Puja Chopra, Advocate, for the petitioner.

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SATISH KUMAR MITTAL , J. ( Oral )

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The petitioner, who is one of the candidates for the post of Lambardar in village Maste Wala, Tehsil Zira, District Ferozepur, has filed this petition challenging the order dated 30.1.2007, passed by the Commissioner, Ferozepur Division, Ferozepur, whereby he set aside the order of the Collector, appointing the petitioner as Lambardar, and remanded the matter for fresh consideration, while observing as under :-

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“I have heard the learned counsel for the parties and have

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perused the record of the lower court. The photo copy of challan at page 205 of the lower court file shows that in a FIR No. 138, dated 23.10.2005, under sections 434/427/447/506/

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CWP No. 13805 of 2008

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-2-

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148/149 IPC, the name of Santokh Singh, respondent has appeared in column no. 2 and the SDJM Zira on dated 12.1.06 ordered to summon the accused in column no.2 for 14.2.2006. The respondent also got recorded his statement before the SDM, Zira, on 20.3.06 that this case was under process. The resolution passed by the Gram Panchayat which is at page 291 of the lower court file shows that respondent was in illegal possession of the Gram Panchayat land. The SDO Canal sub Division, Zira also gave in writing that Sh. Santokh Singh, respondent had not deposited Abiana amounting to Rs. 5088/from Kharif 2002/2003 to Kharif 2005/2006. a canal cut case was also pending against the appellant. Reports of Tehsildar and SDM clearly indicate that both the candidates were involved in criminal cases, which were still pending. In the impugned order, the status of case pending against the respondent was not correctly mentioned. Moreover, the cases are recent are pending and criminal cases carry with them stigma against the person against whom criminal cases are pending. The order of the Distt. Collector has not touched this point in earnest seriousness and depth. The well considered reports of Tehsildar and SDM that both the candidates were not suitable for the post of Nambardar have been lightly ignored. The suitability of the candidate for the post of Nambardar has

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CWP No. 13805 of 2008

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to be adjudged very carefully. This is not the position in the present case. In view of the observations made above, this case needs a fresh look. Therefore, I accept the appeal, set aside the impugned order and remand the case to the Distt. Collector, Ferozepur for fresh decision. Parties are directed to appear before him on 10.3.2007.”

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The aforesaid order has been upheld in revision vide order dated 22.5.2008, passed by the Financial Commissioner Appeals-I, Punjab.

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After hearing counsel for the petitioner, we do not find any ground to interfere in the aforesaid order of remand.

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Dismissed.

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However, the Collector, Ferozepur is directed to take the final decision within a period of three months in accordance with law.

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( SATISH KUMAR MITTAL ) JUDGE

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August 06, 2008 ndj

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( DAYA CHAUDHARY ) JUDGE

Santokh Singh v. Fcr & Ors.

Case brief

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Santokh Singh v. Fcr & Ors.

Case brief

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