C.W.P No.21069 of 2008 1
In the High Court of Punjab and Haryana, Chandigarh.
C.W.P No.21069 of 2008
Date of Decision: 16.12.2008
Kirandeep Dhir
....Petitioner.
Versus
Financial Commissioner, Animal Husbandry, Pb. and others.
....Respondents.
Coram:- Hon'ble Mr.Justice J.S. Khehar
Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. G.S. Nagra, Advocate
for the petitioner.
...
J.S. Khehar, J. (Oral).
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.
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
C.W.P No.21069 of 2008 2
been set aside by the Financial Commissioner, Animal Husbandry, Punjab,
through the impugned order dated 17.9.2008 (Annexure P-7).
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.
Dismissed.
( J.S. Khehar )
Judge
( Nirmaljit Kaur )
Judge.
16.12.2008
sk.