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RAJESH BHARDWAJ
Sarup Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Rajesh Bhardwaj, J.
Prayer in the present petition is for quashing the impugned order dated 02.08.2017 (Annexure P-6) passed by the Financial Commissioner (Revenue) and order dated 01.12.2016 (Annexure P-4) passed by the Commissioner, Roopnagar Division, Roopnagar being wholly illegal, unjust and unsustainable.
2. Adumbrated facts of the case are that on account of death of Charan Singh, earlier Lambardar of the village on 04.11.2010, post of Lambardar fell vacant and thus, process for the appointment of new Lambardar was initiated. Learned Sub Divisional Magistrate, Nawanshr granted sanctioned to Tehsildar, Nawanshahr for taking further action vide his order dated 12.01.2011. Resultantly, proclamation was made in the village for inviting applications from the interested and eligible candidates. In pursuance to the same, nine applications were received including the petitioner (Sarup Singh) and respondent No.5 (Jawinder Singh). Their character verifications were conducted from the concerned Police Station. On comparison of their inter-se merits, the petitioner was found to be 53 years of age and BA pass and Degree in Electrical. Besides this he owned 2 acres of land and
The availability of a candidate in the village is a critical factor for the appointment of Lambardar, outweighing qualifications alone.
The court established that the appointment of a Lambardar must follow proper procedural guidelines, emphasizing the authority of the Collector in evaluating candidates.
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 the prerogative of the District Collector and should only be disturbed if it suffers from gross irregularity, perversity, or patent error. Hereditary claim cannot be c....
Age is a relevant factor for the appointment of Lambardar, and the decision should not be interfered with in a casual manner.
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 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 ....
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