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RAJESH BHARDWAJ
Jora Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. process and criteria for lambardar appointment. (Para 1 , 2) |
| 2. appellant's arguments against appointment. (Para 3 , 4) |
| 3. court's review of decision-making authority. (Para 5 , 6 , 7 , 8) |
| 4. final ruling on petition dismissal. (Para 9) |
JUDGMENT
Rajesh Bhardwaj, J.
Prayer in the present petition is for setting aside the impugned order dated 29.12.2020 (Annexure P-1), passed by District Collector, Moga and order dated 17.07.2023 (Annexure P-3) passed by Financial Commissioner (Appeals), Punjab by virtue of which the order of District Collector, Moga restored, whereby the candidate Salwinder Singh has wrongly appointed as Lambardar of village Kot Mohammad Khan (Patti Sauda), Tehsil Dharamkot District Moga and for upholding/restoring the well reasoned order dated 26.05.2022 (Annexure P-2) passed by the learned Commissioner, Ferozepur Division, Ferozepur, whereby the petitioner had been correctly appointed as Lambardar of the village.
2. Adumbrated fact of the case are that on the death of Sona Singh, earlier Lambardar of village Kot Mohammad Khan (Patii Sauda), Tehsil Dharamkot, District Moga, the post of Lambardar fell vacant and process for the appointment of new Lambar
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 prerogative of the District Collector in making the appointment of Lambardar and the relevance of age and land holdings in the selection process.
The appointment of a Lambardar by the Collector should not be interfered with unless it is proven to be perverse or illegal.
Age is a relevant factor for the appointment of Lambardar, and the decision should not be interfered with in a casual manner.
The main legal point established in the judgment is that the decision of the appointing authority should not be disturbed without a clear illegality, and the comparison of merits is a valid basis for....
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