In a dispute over a Chaukidar appointment, the HC quashed the Commissioner's order remanding the case for fresh adjudication, finding it legally untenable as it lacked reasoned interference with lower authorities.
The order dated 24.8.2009 passed by the Commissioner was quashed. The writ petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.18169 of 2009 Date of Decision: February 01, 2011
Manohar Singh
.....PETITIONER(S)
VERSUS
Commissioner, Jalandhar Division, Jalandhar & others
.....RESPONDENT(S)
. . .
CORAM:
HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Anupam Bhardwaj, Advocate, for the petitioner. Mr. G.S. Attariwala, Additional Advocate General, Punjab, for respondent Nos.1 to 3. Mr. Sukhdeep Parmar, Advocate, for respondent No.4.
. . .
AJAI LAMBA, J (Oral)
CWP No.18169 of 2009 [2]
Sub Divisional Magistrate Cum Collector, Baba Bakala, District Amritsar, has been set aside and the case has been remanded for re-adjudication.
Chaukidara Rules, 1976 provide as under:-
“7. The person or persons authorised to nominate to the office of village watchmen or daffadar shall within 15 days after being required by the Deputy Commissioner, or the officer duly authorised by him in that behalf so to do, nominate a proper person to the vacant post and communicate the nomination to the Deputy Commissioner.
prepared by Manjit Singh, original death
CWP No.18169 of 2009 [3]
certificate and chargesheet were produced before Tehsildar. The Tehsildar compared the comparative merit of the two persons and found a shadow on the character of respondent, Manjit Singh, and therefore, recommended the petitioner to be appointed as Chaukidar in place of the deceased Chaukidar.
carried an appeal before the Sub Divisional Magistrate exercising powers of Collector, Baba Bakala. The appeal has been dismissed vide order dated 23.10.2009 (Annexure P-2) while noticing that the petitioner is working as Clerk with an Advocate. Manjit Singh, respondent No.4 was involved in a case for fraud and fabrication of record, and was challaned, however, subsequently acquitted. The petitioner accordingly was found to be non-controversial person without any disability for nomination as Chaukidar.
(Annexure P-3) passed by the Commissioner reads as under:-
“6. I have considered the arguments advanced by the ld. counsel for the parties and have gone through the record received in the case and papers brought on the file. The orders passed by the Tehsildar and S.D.M. both are set
CWP No.18169 of 2009 [4]
aside. Let the competent court Collector/S.D.M appoint the chowkidar afresh after hearing eligible candidates. The case is remanded to the Collector, Baba Bakala with the above directions and the parties present are directed to appear before him on 23.9.2009.”
has argued that if comparative merit is
considered, petitioner certainly is a better candidate for being nominated and appointed as Chaukidar. Learned counsel further contends that impugned order (Annexure P-3) passed by the Commissioner is illegal, in so much as, no
reasons have been assigned as to why orders of the appointing authority viz. Collector have been interfered with.
has argued that Tehsildar, while considering the issue vide order Annexure P-1, did not take into account the fact that respondent had been acquitted. It has further been contended that on acquittal of the said respondent, there was no reason to ignore the candidature of the respondent.
CWP No.18169 of 2009 [5]
and appointing the petitioner as Chaukidar. The orders however indicate that respondent No.4 indeed was prosecuted in a criminal case with serious allegations indicating moral turpitude, although he was later acquitted.
(AJAI LAMBA)
February 01, 2011 JUDGE
avin
CWP No.18169 of 2009 [6]
2 issues framed by the court
Whether the Commissioner was justified in interfering with the orders of the appointing authority without assigning reasons.
Whether the petitioner's candidature as Chaukidar was superior to the respondent considering his criminal acquittal for fraud.
6 provisions across 2 enactments
Manohar Singh
Commissioner, Jalandhar Division, Jalandhar
others
Manjit Singh
Ajai Lamba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
