Brief facts of the case are that post of Lumberdar of Mouza Wigha Mal Tehsil Kehrorpacca District Lodhran fell vacant due to death of Ghulam Shahbaz the then Lumberdar. Thereafter, process for fresh appointment was initiated and ultimately four candidates i,e, petitioner and respondents No, 4 to 6 remained in picture before 'the District Collector, Lodhran, who after completion of codal formalities through order dated 19.03.2008 appointed the petitioner as Lumberdar against the said post, which despite its challenge remained intact as appeals of respondents No, 4 and 5 were declined by Respondent No, 2 on 29.12.2009, whereas despite dismissing RORs preferred by respondents No, 4 and 5 the orders impugned therein were set aside and all the contestants were declared ineligible for the post of Lumberdar with direction to Respondent No, 3 to invite fresh applications for the said post. The order dated 22.05.2012 of Respondent No, 1 has only been assailed by the present petitioner through the instant Writ Petition.
2. It is taken by surprise that all the contestants were declared to be ineligible for the post of Lumberdar by Respondent No, 1 through the impugner order only on the score that they had exercised political influence on his subordinates. Had they passed a favourable order under the political pressure, in that eventuality, the subordinate officers, who exercised their discretion illegally while accepting some political pressure, should have been proceeded against, but without putting them to task for the wrong committed by them, the orders impugned in RORs could not be set aside without any tangible evidence in this regard. The revenue hierarchy under the relevant rules and law was bound to select the headman after considering the credentials of the contestants and while going through the record, it reflects that although the petitioner was appointed by respondents No, 2 and 3 against the said post while assessing him the most suitable candidate, but without considering the qualifications among the competitors and when this situation is faced to learned counsel for the parties, they have developed a consensus that the matter be remitted to Respondent No, 3 for fresh decision in accordance with law.
3. Resultantly, this constitutional petition is allowed, the orders passed by the revenue hierarchy/respondents No, 1 to 3 are hereby set aside and the matter is remitted to Respondent No, 3, who as per relevant rules and law after consulting the reports of his subordinates and assessing the credentials of all the contestants will appoint Lumberdar of the concerned revenue estate through speaking order after application of his judicious mind. The parties are directed to appear before Respondent No, 3 on 05.06.2017 for further proceedings.