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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
G.S. SANDHAWALIA, MEENAKSHI I. MEHTA
Amrik Singh – Appellant
Versus
Financial Commissioner, Punjab – Respondent
JUDGMENT :
Meenakshi I. Mehta, J.
1. By filing the instant Letters Patent Appeal, the appellant has laid challenge to the judgment handed down by learned Single Judge on 30.04.2024, whereby the Civil Writ Petition No. 23265 of 2018 preferred by respondent No. 4 for seeking the quashing of the orders Annexures P-6, P-3 and P-1 passed by respondent No. 1-Financial Commissioner, Punjab, respondent No. 2-Divisional Commissioner and respondent No. 3-District Collector, Patiala on 16.07.2018, 04.05.2016 and 05.01.2016 respectively, has been allowed and the case has been remanded to respondent No. 3 with the direction to decide the same afresh after hearing both the parties and appreciating the relevant record.
2. Bereft of unnecessary details, the facts, as emerging from the perusal of the file and resulting in the filing of the present appeal, are that respondent No. 4-Jagsir Singh filed the above-referred CWP, while averring that consequent upon the demise of Tarlochan Singh, the Lambardar of Village Shutrana, Tehsil Patran, District Patiala, the post of Lambardar had fallen vacant and the process for the appointment of new Lambardar was initiated. Seven (07) persons had applied for the a
The appointment of a Lambardar by the Collector should not be interfered with unless it is proven to be perverse or illegal.
The appointing authority must consider all relevant factors, including criminal cases and acquittals, in the appointment process.
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 choice of the Collector in the appointment of Lambardar cannot be lightly set aside unless there is some perversity or illegality in the order. The relevance of the candidate's age, educational q....
The main legal point established is the requirement for a fair and proper appointment process, including the conduct of Munadi, to provide equal opportunity to all interested candidates for the posit....
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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