The Collector's appointment of a Lambardar should not be overturned unless proven to be grossly irregular or perverse, emphasizing the importance of character in such appointments.

JUDGMENT

Mr. Rajesh Bhardwaj, J.

Prayer in the present petition is for quashing the impugned order dated 16.07.2018 (Annexure P-6), order dated 30-03-2016 (Annexure P-2) passed by respondents No. 1 and 2 or any other appropriate writ, order or direction as may deem fit and proper in the circumstances of the case favourable to the petitioner.

2. Adumbrated facts of the case are that on the dismissal of the earlier Lambardar namely, Harinder Pattar, post of Lambardar fell vacant in the Village and thus, the process for appointment of the new Lambardar was initiated. The mustri munadi was conducted by the Nuib Tehsildar, Kartarpur in the village for inviting applications from the interested eligible candidates. In pursuance to the same, four applications were received including that of petitioner, Charanjit Singh and respondent No.4-Jaspal Singh. The character antecedents of all the candidates were verified from the concerned police station. On comparison of the inter se merits of all the candidates in the fray, the Naih Tehsildar, Kartaipur recommended the name of respondent No.4 and sent it to Tehsildar, Jalandhar who agreed with the same and sent his recommendation to the Sub Divisional Magistrate, Jalandhar The Sub Divisional Magistrate, Jalandhar also agreed with the recommendation of Tehsildar Jalandhar and thus, sent his recommendation about respondent No.4 to the Collector. On perusal of the applications filed by the candidates, it was found that petitioner-Charanjit Singh was 35 years of age and 8th class pass. Besides this, he was found to be owner of 18 kanals 02 marlas of cultivable laud. On the other hand, respondent No.4-Jaspal Singh was Found to be 39 years of age and metric pass by qualification. Besides this, he owned 01 kanal 08 marlas of cultivable land. As per the record, he was found to have been prosecuted in FIR No.47 dated 18.03.1999 under Sections 148, 302, 307, 247 IPC at Police Station Dharamkot and HR No.36 dated 03.03.2002 under Sections 323, 160, 148, 140 at Police Station Division No.8 Jalandhar. Learned Collector on evaluating the overall merits and demerits of all the candidates in the fray found that respondent No.4 as per the record was acquitted in FIR No.47 dated 18.03.1989 whereas no record was produced regarding FIR No.36 dated 03.03.2002. Thus, finding the petitioner to be most meritorious and suitable candidate, he appointed the petitioner as Lambardar of the Village vide his order dated 20.01.2015. Being aggrieved, respondent No.4 filed appeal before the learned Commissioner, Jalandhar. On hearing both the sides and perusing the record, learned Commissioner not only accepted the appeal filed by respondent No.4 but while setting aside the order passed by the Collector, he appointed respondent No.4 as Lambardar of the Village vide his order dated 30.03.2016. Being aggrieved, petitioner assailed the said order passed by the Commissioner before the learned Financial Commissioner by way of filing the appeal under Section 13 of the Punjab Land Revenue Act, 1887. Learned Financial Commissioner on hearing both the sides and perusing the record, finding no merit in the appeal flied by the petitioner, dismissed the same and thus, upheld the order passed by the Commissioner vide his order dated 16.07.2018. Hence, being aggrieved, petitioner is before this Court by way of filing the present petition.

3. Learned counsel for the petitioner has vehemently contended that on perusal of the record, it is apparent that petitioner was younger in age than respondent No.4. Besides this, there was no substantial difference between their qualification as petitioner was 8th class pass whereas, respondent No.4 was metric. He submits that it is evident from the record that respondent No.4 had faced criminal prosecution in two FIRs and even though he was acquitted by the trial Court in these two cases but the stigma still remains on his character. He further submits that as per character verification report, petitione