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2016 DIGILAW 824 (PNJ)

Balvir Chand v. District Collector cum Deputy Commissioner

2016-03-01

MAHESH GROVER

body2016
JUDGMENT Mr. Mahesh Grover, J.:- The petitioner impugns the order dated 31.12.2014 Annexure-P2 by which the respondent no.3 has been accepted to be a Chowkidar of the village Lamochar Khurd. 2. The grievance is limited that this appointment is contrary to the Rules 6,7 and 8 of the Punjab Chowkidari Rules which are extracted here below:- 6. The nomination to the post of village watchman or of Doffadar shall be made by the village headman, and where there are more village headmen than one, the opinion of the majority in number (unless there is some special provision to the contrary in the village administration paper) shall prevail. Where a village watchman or daffadar is to be appointed for a beat comprising mare than one village, the opinion of the majority in number of the village headmen in such beat shall prevail. 7. The person or persons authorised to nominate to the office of village watchman, or daffador 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] 8. The person so nominated shall, after due enquiry into his age, Character and ability, be appointed or rejected at discretion by such Deputy Commissioner, or by some officer authorised by him in that behalf. 3. The facts indicate that intimation was given by respondent no.3 through an application apprising the competent authority of necessity of a Chowkidar after death of the previous incumbent. When the process was formally initiated, only the petitioner applied and there was no incumbent who opted for the post. By virtue of the impugned order the District Collector, Fazilka has noticed that since after the death of previous incumbent respondent no.3 filed an application for filing up the post of Chowkidar, his claim could not be ignored. 4. A perusal of the aforesaid Rules would, however, indicate that a nomination has to be made to the post of village Watchman or Daffadar by the village headman and where there are more village headmen, then the opinion of the majority was to prevail. 4. A perusal of the aforesaid Rules would, however, indicate that a nomination has to be made to the post of village Watchman or Daffadar by the village headman and where there are more village headmen, then the opinion of the majority was to prevail. Such a nomination is to be made within 15 days upon being required to do so by the Deputy Commissioner or any other officer authorized by him in that regard which shall be communicated to the Deputy Commissioner upon which an inquiry is envisaged regarding the age, character and ability to such an appointment to be rejected or accepted at the discretion of the Deputy Commissioner. 5. Annexure P5 is the affidavit furnished by one Mukhtiar Singh who is the Lumberdar of the village denying categorically that any nomination was made in favour of respondent no.3. 6. The reasoning adopted in the impugned order that Jaswant Singh had initiated the process of appointment of a Chowkidar thus meriting consideration even though he had not even applied for it was totally contrary to the Rules and he could not be considered to be a legitimate applicant. What is taken to be an application for the post was merely a communication to the competent authority to initiate the filling up of post of Chowkidar for which rules mandating a process necessarily had to be followed. Since the fallacy of reasoning is apparent in the impugned order, therefore, the appointment is set aside and the matter is remanded back to the Sub Divisional Magistrate, Tehsil Jalalabad, District Fazilka to look into the issue afresh. 7. Needful be done as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of this order.