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RAJESH BHARDWAJ
Harbachan Lal – Appellant
Versus
Financial Commissioner Appeals Punjab – Respondent
| Table of Content |
|---|
| 1. appointment and qualification of lambardar candidates. (Para 1 , 2) |
| 2. arguments about merits of candidates' qualifications. (Para 3 , 4) |
| 3. court acknowledges settled legal principles regarding appointments. (Para 5 , 6 , 7) |
| 4. final dismissal of petition due to lack of merit. (Para 8) |
JUDGMENT
Mr. Rajesh Bhardwaj, J.
Prayer in the present petition is for quashing the order dated 03.08.2016 (Annexure P-6) passed by respondent No.1 vide which order dated 16.05.2016 (Annexure P-5) passed by learned Commissioner Roop Nagar Division, Roop Nagar was wrongly and illegally upheld along with order dated 23.04.2010 (Anneuxre P-3) passed by learned District Collector, SAS Nagar, Mohali vide which respondent No.4 was appointed as Lambardar of Village Rangian, Tehsil Kharar and District SAS Nagar, Mohali thereby ignoring the recommendations of the lower revenue officials and Tehsildar Kharar as well as Sub Divisional Magistrate-cum- Assistant Collector Grade I, Kharar.
2. Adumbrated facts of the case are that on the death of earlier Lambardar namely, Baldev Sahaye on 27.08.2008, the process for the appointment of new Lambardar was initiated. The proclamation was made for inviting
The appointment of a Lambardar by the Collector should not be interfered with unless it is proven to be perverse or illegal.
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 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 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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