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RAJESH BHARDWAJ
Baljinder Mangat – Appellant
Versus
Financial Commissioner – Respondent
| Table of Content |
|---|
| 1. appointment process of lambardar. (Para 1 , 2) |
| 2. the process of appointing a lambardar follows certain procedural norms. (Para 3) |
| 3. petitioner's qualifications vs respondent's appointment. (Para 4) |
| 4. collector's discretion and authority upheld. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 5. court dismisses petition. (Para 11) |
JUDGMENT
Rajesh Bhardwaj, J.
Prayer in the present petition is for quashing the impugned order dated 27.07.2023 (Annexure P-3) passed by Financial Commissioner, order dated 20.12.2022 (Annexure P-2) passed by the Commissioner, Rupnagar and order dated 07.09.2022 (Annexure P-1) passed by the Deputy Commissioner- cum-District Collector, Shaheed Bhagat Singh Nagar, whereby respondent No.4 has been illegally and wrongly appointed as Lambardar.
2. Adumbrated facts of the case are that on the demise of Khushwinder Singh, earlier Lambardar of village Nawanshahr, SDM, Nawanshahr vide his letter dated 01.11.2021, started process for the appointment of new Lambardar. Mushtri Munadi was conducted in the village for inviting the applications from the interested candidates. Resultantly, four applications were received from the following candidates:-
The appointment of Lambardar is primarily at the discretion of the Collector, and the subjective satisfaction of the Collector should not be interfered with without evidence of gross irregularity or ....
The appointment of a Lambardar is primarily the prerogative of the Collector, whose decision should only be overturned in cases of gross irregularity or error.
The appointment of a Lambardar by the Collector should not be interfered with unless it is proven to be perverse or illegal.
The prerogative of the District Collector in making the appointment of Lambardar and the relevance of age and land holdings in the selection process.
The availability of a candidate in the village is a critical factor for the appointment of Lambardar, outweighing qualifications alone.
Age is a relevant factor for the appointment of Lambardar, and the decision should not be interfered with in a casual manner.
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