Dismissed

Kirandeep Dhir v. Financial Commissioner, Animal Hubandry and Ors.

Punjab & Haryana HC16 Dec 2008CWP/21069/2008

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the impugned order by the Financial Commissioner setting aside his appointment as Lamberdar. The Court held that the Commissioner lacked authority to appoint, depriving candidates of appeal rights, and allowed theFinancial Commissioner to set aside the order and remit it to the Collector. The writ petition was dismissed.

What the court decided

AI extract

Kirandeep Dhir Vs Financial… — Pension and Retirement Benefits | Punjab & Haryana HC (2008)

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C.W.P No.21069 of 2008

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In the High Court of Punjab and Haryana, Chandigarh.

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C.W.P No.21069 of 2008

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Date of Decision: 16.12.2008

Kirandeep Dhir

....Petitioner.

Versus

Financial Commissioner, Animal Husbandry, Pb. and others.

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....Respondents.

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Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. G.S. Nagra, Advocate for the petitioner.

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J.S. Khehar, J. (Oral).

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The grievance of the petitioner in the instant writ petition is, that by the impugned order dated 17.9.2008 (Annexure P-7), the Financial Commissioner, Animal Husbandry, Punjab, has set aside a fully legitimate and well reasoned order passed by the Commissioner, Jalandhar, appointing the petitioner as Lamberdar.

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It is not a matter of dispute, that the authority to appoint a Lamberdar is vested with the Collector. In the present case, the aforesaid authority should have been exercised by the Collector, Jalandhar. Be that as it may, the appointment of the petitioner, in the first instance, was made by the Commissioner, Jalandhar. This order of appointment of the petitioner as Lamberdar at the hands of the Commissioner, Jalandhar, has

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C.W.P No.21069 of 2008

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been set aside by the Financial Commissioner, Animal Husbandry, Punjab, through the impugned order dated 17.9.2008 (Annexure P-7).

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We are satisfied that the aforestated impugned order dated 17.9.2008 was wholly legitimate. Since the authority to appoint a Lamberdar is vested woth the Collector, an appointment made at the hands of the Commissioner would deprive the other candidates of their appellate remedy, in as much as, the order passed by a Collector appointing a Lamberdar is assailable by way of an appeal, which is preferable before a Commissioner. Since the order passed by the Commissioner, Jalandhar, deprives the other candidates of their remedy of appeal, we are satisfied that the Financial Commissioner, Animal Husbandry, Punjab, was fully justified in setting aside the order passed by the Commissioner, Jalandhar, and remanding the matter to the Collector, Jalandhar, for passing appropriate orders.

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Dismissed.

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( J.S. Khehar ) Judge

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( Nirmaljit Kaur ) Judge.

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16.12.2008 sk.

Kirandeep Dhir v. Financial Commissioner, Animal Hubandry and Ors.

Case brief

What is this about?

What the court decided

Kirandeep Dhir v. Financial Commissioner, Animal Hubandry and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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