IMPORTANT POINT
The discretion of the Collector in appointing a Lambardar is paramount and should only be overturned in cases of clear legal error or irregularity.

JUDGMENT :

RAJESH BHARDWAJ, J.

1. Prayer in the present petition is for quashing the impugned order dated 09.12.2019 (Annexure P-5) passed by respondent No.2, erroneously setting aside the well reasoned order dated 13.12.2016 (Annexure P-2) passed by respondent No.3 and order dated 16.02.2016 (Annexure P-1) passed by respondent No.4 acting in a completely illegal and arbitrary manner, being contrary to law thus, erroneously setting aside the appointment of petitioner as Lambardar by wrongly accepting the revenue revision (Annexure P-3) filed by respondent No.5.

2. Adumbrated facts of the case are that the Commissioner Jalandhar Division vide his Office letter G-2-2015 dated 12.01.2015 issued under Rule 19-B/14(I) of Punjab Land Revenue Rules had approved the appointment of Harijan Lambardar (SC) for Village Langah, Tehsil Mukerian, District Hoshiarpur. Thus, for filling up the post, procedure was initiated and mustri munadi was conducted in the Village for inviting the applications from the eligible interested candidates. In response to the same, eight applications were received including the petitioner and respondent No.5. Their character verification was conducted through the police department. The candidates were heard in person as well. On comparison of their inter se merits, the Sub Divisional Magistrate, Mukerian recommended the name of petitioner for the appointment as Lambardar of the Village. Before the Collector, five candidates namely, Tarsem Lal, Sarwan Singh, Ravel Chand, Moti Ram and Tarsem Lal son of Karam Chand came present through their counsel however, candidate Ravel Chand had withdrawn his application in favour of the petitioner. Thus, four candidates remained in the fray. Learned Collector analyzed the merits and demerits of all the candidates in the fray. On comparison of the inter se merits of petitioner and respondent No.5, it was found as follows:-

3. Thus, learned Collector on analysis of the overall merits and demerits of all the candidates, found the petitioner to be the most meritorious candidate and thus, appointed him as a SC Lambardar of the Village vide his order dated 16.02.2016. Being aggrieved, respondent No.5 assailed the same by way of filing the appeal under Section 13 of Punjab Revenue Act before the Commissioner. Learned Commissioner, Jalandhar heard both the sides and re-appreciated the inter se merits of both the candidates. However, finding no merit in the appeal, dismissed the same vide his order dated 13.12.2016 and thus, affirmed the order passed by the Collector in appointing the petitioner. Still aggrieved, respondent No.5 assailed the order passed by the Commissioner by way of filing the revision petition under Section 16 of the Punjab Land Revenue Act, 1887 before the Financial Commissioner, Punjab i.e. respondent No.1. Learned Financial Commissioner heard both the sides, however, finding merit in the revision petition, accepted the same vide order dated 09.12.2019 and thus, set aside both the orders passed by the learned Collector dated 16.02.2016 and the Commissioner dated 13.12.2016. Hence, petitioner is before this Court by way of filing the present petition.

4. It has been vehemently contended by counsel for the petitioner that on the comparison of the inter se merits of both the petitioner and respondent No.5, it is apparent that petitioner was younger in age and had served on a senior post than respondent No.5. He submits that petitioner was unanimously elected as Sarpanch of the Village and he served as the Sarpanch of the Village from 2008-13. He submits that on inviting the appli