IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 1617 of 2011 (O&M) Date of Decision: November 09, 2011 Pritam Dass …Appellant Versus Financial Commissioner, Co-operation, Punjab and others. …Respondents CORAM: HON’BLE MR. JUSTICE SATISH KUMAR MITTAL, HON’BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. G.S. Nagra, Advocate, for the Appellant. ****** Paramjeet Singh, J. Appellant – Pritam Dass, a dismissed Scheduled Caste Lambardar of Village Saifabad, Tehsil and District Jalandhar, had filled the instant Letter Patent Appeal against judgment dated 21.03.2011 of the learned Single Judge, whereby order dated 22.04.2008 (Annexure P/4) passed by the Collector dismissing the appellant from the post of Scheduled Caste Lambardar, Order dated 16.10.2008 (Annexure P/7) passed in appeal by the Commissioner and LPA No.1617 of 2011 order dated 08.04.2010 (Annexure P/9) passed by the Financial Commissioner have been upheld. Though this appeal is barred by limitation as along with the appeal, the appellant has filed an application (CM No.4397 of 2011) for condonation of 19 days of delay in filing the appeal, however, without taking the said delay into consideration, we have heard the learned counsel for the appellant on merits and gone through the impugned order passed by the learned Single Judge. We have heard learned counsel for the appellant and have gone through the impugned order, as well as, the orders passed by the Collector, Commissioner and Financial Commissioner. In this case, a complaint was lodged against the appellant by Ram Parkash, alleging that the appellant is in unauthorized possession of panchayat land measuring 4 kanals comprising of Khasra No. 12//18 . It is also alleged in the complaint that the appellant had made a misrepresentation and a false statement to get sanctioned the old age pension. Sub Divisional Magistrate, Phillaur conducted the inquiry into allegations levelled in the complaint and Enquiry Officer submitted report to the Sub Divisional Magistrate. Thereupon, the Sub Divisional Magistrate submitted the report to the District Collector, 2 LPA No.1617 of 2011 Jalandhar, who issued a show cause notice to the appellant on 12.11.2007(Annexure P/1) stating therein that the appellant is in unauthorized possession of the panchayat land and, also received old age pension wrongly. The appellant filed reply to the said notice. The reply was rejected .The Collector, after due application of mind, following the principles of natural justice afforded opportunity to the appellant to defend and passed the order dated 22.04.2008 imposing penalty of dismissal from the post of Scheduled Caste Lambardar. The Collector had dismissed the appellant from the post of Lambardar on the grounds of wrongly getting old age pension and unauthorized possession over the panchayat land. Thereafter, the appellant approached the Commissioner, as well as, the Financial Commissioner by way of appeal and revision, respectively, those too had been dismissed. Thereafter, the appellant filed Civil Writ Petition that too had been dismissed vide impugned order under challenge in this appeal. The concurrent findings of fact were recorded by the revenue authorities that the appellant is in unauthorized possession of the panchayat land and got sanctioned old age pension wrongly though his sons are abroad. The said findings have been upheld by the learned Single Judge. 3 LPA No.1617 of 2011 Thus, in our opinion, in the facts and circumstances of the case, the order passed by the learned Single Judge does not warrant any interference in the appeal. No merits. Dismissed. ( PARAMJEET SINGH ) JUDGE November 09, 2011 (SATISH KUMAR MITTAL) vkd JUDGE 4