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(2003) Law Today Live Doc. Id. 10313 = 2004 L.A.R. 284
Decided on 19.12.2003
For the Petitioner: Shri T.P.S. Tung, Advocate.
For the Respondent: Shri Vikas Mahsempuri, Advocate, proxy for Shri PS Baweja, Advocate.
Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 15 – Lambardari Case – Appointment of Lambardar – A person is involved in murder case and is confined in jail for the last two months – Other allegation is also there against him about outraging the modesty of two women of the village, in the report of AC Ist Grade-Cum-SDO(C) – It shows that, the person is of criminal bent of mind and also having shadow character – Such a person is totally unfit for the post of lambardar.
(Para 3)
ORDER
Mr. R.P.S. Pawar, Financial Commissioner.-- This appeal has been filed against the order of the Divisional Commissioner dated 12.9.2000 under section 13 of the Punjab Land Revenue Act, 1887.
2. Brief facts of the case are that after the death of Shri Santokh Singh previous Lambardar of the village Mullanpur, two candidates namely Baijinder Singh alias Balwinder Singh and Avtar Singh applied for appointment as Lambardar. The Assistant Collector IInd Grade recommended candidature of the former while the A.C. Ist Grade, Bassi Pathana recommended the candidature of the latter. The District Collector, Fatehgarh Sahib after considering the merits of both the candidates appointed Sh. Avtar Singh as the Lambardar of village. However, in appeal the Divisional Commissioner, Patiala set aside the order of the District Collector and appointed Shri Baljinder Singh alias Balwinder Singh as the Lambardar. Hence the present appeal.
3. I have listened to the arguments of the Counsel for the appellant and also perused the written arguments submitted by both the parties. The record of the lower courts have also been examined. It is an established fact now that the respondent Baljinder Singh is involved in a murder case in F.l.R. No. 49 dated 7.5.2003 under section 302,324,148 and 149 I.P.C. and is presently confined in the jail for the last more than six months. There is another allegation against him about outraging the modesty of two women of the village in the report of A.C. Ist Grade-cum-SDO(C) and as well as in the order of the District Collector, Fatehgarh Sahib. This clearly reflects that the respondent is not only a person with criminal bent of mind but also of shadowy character. Such a person therefore, will not at all be suitable to be appointed as the Lambardar. In comparison, the appellant owns 21 Acres of land, is younger in age and also a matriculate. The District Collector while appointing him as the Lambardar has referred to his qualifications mentioning that he is the most suitable candidate on account of his younger age and larger holding. The Divisional Commissioner has failed to appreciate all these aspects and has appointed a person of shadowy character with criminal bent of mind as the Lambardar. Such a person will be completely unfit for the office of Lambardar. The Divisional Commissioner has to remember that Collector is primarily responsible for selecting the best possible candidate. His choice therefore, cannot be lightly interfered with, unless it happens to be arbitrary, perverse or in contravention of rules. No such eventuality has been cited by the appellate officer. I have therefore, no option but to accept this appeal. Accordingly the appeal is accepted the impugned order dated 12.9.2000 is set aside and appointment of Shri Avtar Singh as Lambardar is restored.
To be communicated and recorded.
Appeal allowed.
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