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2002 DIGILAW 857 (PNJ)

Satnam Singh v. Financial Commissioner Appeals-i

2002-08-29

V.K.BALI

body2002
Judgment V.K.Bali, J. 1. Only two candidates were left in fray for the appointment to the post of lambardar, i.e., Satnam Singh, petitioner herein and the Harmesh Lal. Concededly, Satnam Singh was made lambardar on the dint of the order passed by learned Commissioner. Feeling aggrieved, Harmesh Lal filed revision but during the pendency thereof he died. Learned Financial Commissioner in the impugned order (Annexure P-6) dated 29.11.2001 clearly recorded that after the death of Harmesh Lal right to sue does not survive. If that be so, revision ought to have been dismissed having been rendered infructuous and the case ought not to have been remanded. Impugned order (Annexure P-6) dated 29.11.2001 passed by Financial Commissioner is, thus, set aside and the order of Commissioner against which revision has been filed before the Financial Commissioner is sustained. 2. The writ petition is disposed of accordingly.