Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appointment of a Lambardar, who is a Village Headman and is inter alia engaged in the job of collection of revenue on commission basis, is governed by the provisions of the Punjab Land Revenue Act, 1887; Section 28 whereof reads as under:

"28. Rules respecting Kanungos and village officers -(1) The State Government may make rules to regulate the appointments, duties, emoluments, punishment, suspension and removal of kanungos and village officers."

3. Pursuant to or in furtherance of the said rule making power, the State of Punjab framed the Punjab Land Revenue Rules (for short "the Rules"). Criterion for appointment in the post of Lambardar is laid down in Rule 15 and that of his discharge is laid down in Rule 16 thereof. Rule 15 enumerates the factors which are required to be taken into consideration for the purpose of appointment in the said post being:

"(a) his hereditary claims;

.(b) the property in the estate possessed by the candidate to secure the recovery of land-revenue;

.(c) services rendered to the State by himself or by his family;

.(d) his personal influence, character, ability and freedom from indebtedness;"

4. The District Collector of Hisar undertook the process of appointment of Lambardar for the Village Thurana in his District in terms of the said Rules.

5. Indisputably, six persons had applied for the said post. However, Appellant and Respondent No. 1 as also one Ram Kumar were found fit to be considered for appointment to the said post. Upon consideration of the respective merit of the said candidates and in particular that of the appellant and the respondent No. 1 herein, appellant was appointed being a more meritorious candidate than others, stating:

"...He is of 36 years of age having good personality and he has work experience of Namberdari. For the purpose of security of the Govt. money, he has 8 kanals 18 marlas agricultural land and plot which is sufficient for the purpose of security. He has good credibility in the village. The respectable of the village also want to appoint him as Namberdar. He actively participated in the collective work of the village and help the Govt. Officials at the time of visit. The Naib Tehsildar and Tehsildar, Hansi have also recommended the name of Sh. Mahavir Singh for the appointment on the post of Namberdar..."

6. For arriving at the aforementioned findings, the factors relevant therefor, viz., the educational qualification, age, experience in work of Lambardari, relation in village and character, land and property, illegal possession and dues, etc. had been taken into consideration.

7. Respondent No. 1 filed a writ petition there against before the Punjab and Haryana High Court, Chandigarh which was marked as Civil Writ Petition No. 5582 of 2006. By reason of the impugned judgment and order dated 9.11.2006, a Division Bench of the said Court inter alia opining that the respondent No. 1 herein was a more meritorious candidate, reversed the said decision of the District Collector holding that Respondent No. 1 was also a graduate having work experience of 15 years in the Armed Forces and character certificate having been issued in his favour by the Head Master of Government Girls Primary School and the Sarpanch of Village Thurana and moreover having served in the Armed Forces that he was a dedicated and disciplined person and enjoys a good reputation.

8. Before the High Court a contention was raised by the appellant that the respondent No. 1 was guilty of encroachment of land wherefor he was being proceeded against under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 in respect whereof, the following comments were made:

"...It is suffice to say that these proceedings appear to be motivated, having been filed after initiation of procedure for appointment to the post of Lambardar..."

The appointment of the appellant, on the said findings, was directed to be set aside by the High Court, stating:

"Responden