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2023 Supreme(P&H) 648

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Manjit Singh - Petitioner - Appellant
Versus
Financial Commissioner (Appeals) and others - Respondents - Respondent
CWP-15885 of 2023
Decided On : 26-07-2023

Advocates appeared:
Mr.Rai Singh Chauhan, Advocate and Mr. Balram Singh, Advocate, for the petitioner.

Age is a relevant factor for the appointment of Lambardar, and the decision should not be interfered with in a casual manner.

Headnote:

Appointment of Lambardar - Punjab Land Revenue Act 1887 - Section 13 - Age and qualification of candidates were compared for the appointment of Lambardar. The Collector appointed a candidate who was older and less qualified than another candidate. The court held that age is a relevant factor for the appointment of Lambardar and remanded the case for re-appreciation of the candidates' merits.

Fact of the Case:

The petitioner sought to quash the order appointing the Lambardar, contending that he was recommended by the subordinate revenue authorities based on his merits, but the appointment was set aside by the Commissioner and Financial Commissioner.

Finding of the Court:

The court found that the Collector appointed a candidate who was older and less qualified than another candidate, contrary to the relevant factor of age for the appointment of Lambardar. The case was remanded for re-appreciation of the candidates' merits.

Issues: The issues revolved around the appointment of the Lambardar and the consideration of age and qualification in the decision-making process.

Ratio Decidendi: The court held that age is a relevant factor for the appointment of Lambardar, and the Collector's decision should not be interfered with in a casual manner. However, in this case, the court found that the Collector failed to appreciate the relevance of age and qualification in the appointment.

Final Decision: The petition was dismissed, and the case was remanded for the Collector to decide afresh, taking into consideration the overall facts and circumstances on the record, in the light of the law settled.

RAJESH BHARDWAJ, J.

1. Prayer in the present petition is for quashing the order dated 29.05.2023 (Annexure P-11) passed by respondent No.1 i.e. the Financial Commissioner and order dated 02.11.2022 (Annexure P-9) passed by respondent No.2 i.e. Commissioner, Jalandhar Division, Jalandhar.

2. It has been contended by learned counsel for the petitioner that after the death of Gurdeep Singh Sandhu, Lambardar of the village Mohkamgarh/17, Tehsil Dasuya, District Hoshiarpur, post of Lambardar fell vacant and hence, proceedings for appointment of new Lambardar were initiated. Mushtari Munadi was conducted in the village regarding appointment of general Lambardar. He has submitted that in pursuance to the same, six applications were received and their character verification was got done from the SHO Police Station Tanda. He has submitted that personal details of the candidates are as under:-

Sr. No.

Name of the candidate

Age

Qualification

Land

Caste

Occupation

Ex service man

Remarks

1.

Jagvir Singh Kalkat son of Jagir Singh

32

M.A.

1-5

Jatt

Agriculture

 

 

 

2.

Surjit Singh son of Piara  Singh

64

Higher Secondary

1-1

Jatt

Agriculture

 

 

 

3.

Tejinder Singh son of Piara Singh

53

B.A.

1-1

Jatt

Agriculture

 

 

 

4.

Manjit Singh son of Kartar Singh

60

10th

3-4

Jatt

Agriculture

 

 

 

5.

Onkar Singh son of Pakhar Singh

39

12th

5-19

Jatt

Agriculture

 

 

 

6.

Amarjit  Singh son of Gurdeep Singh

39

12th

5-5

Jatt

Agriculture

 

 

 

3. Learned counsel for the petitioner has submitted that analysis of the inter-se merits was conducted and Naib Tehsildar, Tanda recommended the name of petitioner, namely, Manjit Singh for the appointment of Lambardar. He has submitted that SDM, Dasuya agreed with the report of Naib Tehsildar, recommended the name of petitioner for appointment of Lambardar and forwarded his report dated 20.11.2020 (Annexure P-5) to the District Collector. He submits that on complete analysis of the record of the candidates, the learned Collector found Manjit Singh petitioner to be the most suitable candidate for the post of Lambardar and thus, appointed him as Lambardar of the village vide order dated 15.07.2021 (Annexure P-6). He has submitted that appointment of the petitioner was assailed by respondent No.4 by way of filing appeal under Section 13 of the Punjab Land Revenue Act 1887 before the learned Commissioner, Jalandhar, who without appreciating the inter-se merits and the law settled, set aside the order of appointment of the petitioner for the post of Lambardar vide impugned order dated 02.11.2022 (Annexure P-9). He has submitted that the impugned order passed by the learned Commissioner is totally cryptic and has been passed without assigning any reasons. He has submitted that the petitioner assailed the order dated 02.11.2022 by way of filing revision petition before the learned Financial Commissioner, however, the learned Financial Commissioner as well passed a cryptic order and thus declined the revision filed by the petitioner vide order dated 29.05.2023 (Annexure P-11). It has been submitted by learned counsel for the petitioner that the petitioner is 60 years of age; matriculate; permanent resident of the village and owns sufficient land as well. He submits that besides this he is a Panch of the Gram Panchayat of the village and bears a good moral character. It is submitted that name of the petitioner was recommended by the subordinate revenue authorities on the examination of merits of all the candidates, who applied for the post of Lambardar. He has submitted that as per la

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