IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.689 of 2010 Date of decision: 8.9.2010 Mohan Lal …..Appellant versus Financial Commissioner (Appeals-II) and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Jasmail Singh Brar, Advocate for the appellant Jasbir Singh, J. (Oral) Dispute in this appeal pertains to appointment of a Lamberdar in village Sarhali, tehsil Phillaur, district Jalandhar. As per facts on record, appellant and one Tarsem Lal were the applicants. Tarsem Lal withdrew from contest and the appellant was appointed as Lamberdar of the village by the Collector. Respondent No.4 went in appeal which was dismissed. In revision, he succeeded. The Financial Commissioner, when allowing his revision, on 17.12.2008, observed as under:- “I have given thoughtful consideration to the arguments put forth by the counsel for both the parties and have also carefully examined the record on the file. The petitioner was not a candidate before the Naib Tehsildar, Tehsildar, Sub Divisional Magistrate, Phillaur and District Collector, Jalandhar because Mushtri Munadi was not conducted properly in the village. Perusal of the record shows that Rapat Roznamcha for munadi was made on 15.2.2006 and the District Collector appointed the respondent as Lambardar on Letters Patent Appeal No.689 of 2010 30.3.2006. It shows that from mushtri munadi to the appointment of Lambardar, all channels were crossed within one and half month. The entire exercise has been carried out in the post haste and clandestine manner. Only two persons applying fro the post and one candidate withdrawing from contest coupled with unusual speed with which the respondent has been appointed Lambardar, raises doubts about the validity of the procedure followed by the revenue authorities. Therefore, the order of the Collector as well as that of the Commissioner is set aside and case is remanded to the Collector to affect proper proclamation in the village so that the interested parties including the petitioner and respondent can file their applications for the appointment of Lambardar. Parties are directed to appear before Collector Jalandhar on 28.1.2009 for further proceedings.” Appellant filed CWP No.14206 of 2009, which was dismissed by an order, impugned in this appeal. The learned Single Judge, after noticing findings given by the Financial Commissioner, came to a conclusion that to fill up the post, proper publication was not done in the village. Report regarding Musthri Munadi was found to be incorrect. Not only this, the Financial Commissioner has noted that everything was done in a post-haste manner. There were only two applicants, one applicant withdrew from the contest and the appellant was appointed to the post in a very clandestine manner. The learned Single Judge has rightly affirmed the finding of facts. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 08.09.2010 (Augustine George Masih) gk Judge 2