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RAJESH BHARDWAJ
Nek Chand – Appellant
Versus
Financial Commissioner Revenue Punjab Chandigarh – Respondent
| Table of Content |
|---|
| 1. appointment process for lambardar (Para 1 , 2) |
| 2. comparison of candidates' qualifications and merits (Para 3 , 4 , 5) |
| 3. court's reasoning on merits and findings (Para 6 , 7 , 8) |
| 4. collector's prerogative in appointments (Para 9) |
| 5. conclusion to dismiss the writ petition (Para 10) |
JUDGMENT
Mr. Rajesh Bhardwaj, J.
Petitioner has approached this Court praying for quashing the order dated 08.09.2010 passed by respondent No.3, order dated 10.12.2013 passed by respondent No.2 and order dated 11.11.2017 passed by respondent No.1.
2. Learned counsel for the petitioner has submitted that after the death of Suba Singh Lambardar of Village Fatehpur Garhi, Tehsil Rajpura, the post of Lambardar fell vacant and thus, the process for the appointment of new Lambardar was initiated and the proclamation was made in the Village. Two candidates namely, Nek Chand (petitioner) and Gurdeep Singh (respondent No.4) were finally in fray. Their inter se merits were compared and on comparing inter se merits of both, it was found that Nek Chand was the member of Panchayat. His name was supported by 75 persons. On the other hand Gurdeep Singh was found to be 48 years of age and was 8th pass. Lea
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 ....
Age is a relevant factor for the appointment of Lambardar, and the decision should not be interfered with in a casual manner.
The availability of a candidate in the village is a critical factor for the appointment of Lambardar, outweighing qualifications alone.
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