Punjab-Haryana High Court
Harmesh Singh vs Financial Commissioner (Appeals), ... on 22 October, 2024
APURVA
2024.11.07 17:15
I attest to the accuracy and
authenticity of this
document/judgment
High Court, Chandigarh
Village Kadhalian, Tehsil Dasuya, District Hoshiarpur
Kadhalian
Kadhalian.
APURVA
2024.11.07 17:15
I attest to the accuracy and
authenticity of this
document/judgment
High Court, Chandigarh
7. Concededly, the petitioner was appointed as Lambardar
(Scheduled Caste) of Village Kadhalian by the learned Deputy
Commissioner-cum-District Collector, Hoshiarpur vide order dated
17.05.2018 (Annexure P-1) and the said order was further affirmed by the
learned Divisional Commissioner, Jalandhar vide its order dated 23.09.2020
(Annexure P-3). However, the learned Financial Commissioner (Appeals),
Punjab set aside the petitioner's appointment as Lambardar
(Scheduled Caste) of Village Kadhalian, on three counts, namely:-
a) respondent No.4 is younger in age than the petitioner;
b) respondent No.4 is more educated than the petitioner; and
c) respondent No.4 has hereditary claim.
8. Considering the totality of circumstances, in my considered view, the learned Financial Commissioner has erred in upsetting the appointment of petitioner as Lambardar (Scheduled Caste) of Village Kadhalian for more than one reason.
8.1 Firstly, the learned Financial Commissioner has failed to consider and appreciate that in the matter of appointment of Lambardar, the choice of learned Collector is not to be lightly interfered with, even if two views are possible; as held by a Division Bench of this Court in "Kuldip Singh vs Financial Commissioner, Appeals-II, Punjab", 2016(1) RCR (Civil) 273.
8.2 Secondly, APURVA 2024.11.07 17:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh s regards the educational qualification is concerned, it is observed that petitioner has studied up to 10th Standard, whereas, respondent No.4 has studied up to 12th Standard. It is not a case where the petitioner is an illiterate. In my considered view, petitioner is sufficiently educated.
8.4 Fourthly, petitioner has rendered services to the State, being an ex-serviceman, which is a very relevant consideration. 8.5 Fifthly, petitioner's name was recommended by the lower revenue officials, which is also a relevant consideration, as such recommendations have a persuasive value.
8.6 Sixthly, a hereditary claim of respondent No.4 is concerned, the same
9. That apart, I have also gone through order dated 17.05.2018 APURVA 2024.11.07 17:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh (Annexure P-1) passed by the learned Deputy Commissioner-cum-District Collector, Hoshiarpur; the relevant extract whereof reads as under:-
" - x - x -
I have carefully perused the file relating to this case. I have heard the candidate personally. Candidate Paramjit Singh works as a mason. He cannot devote more time to public revenue works. Candidate Harvinder Kaur is the current Panch. So it is impossible to work on two seats. A case No.33 dated 19-6-2012 against candidate Pardeep Singh under sections 307, 341, 323, 148, 149, 506 I.P.C. was registered Police Station Gaddiwala from which he has been acquitted by way of compromise. Mr. Harmesh Singh is a more qualified candidate than other candidates. Harmesh Singh is 51 years old and has passed 10th class. He has 2 Kanal 7 Marlas land in his name. He has retired from the Army as Subedar and draws pension. Now he lives in the village. He has a good influence in the village. He actively participates in development work. The village people have given major name in his name. The lower courts have also recommended his name. Therefore, Mr. Harmesh Singh son of Mr. Bhagat Singh, who is a qualified candidate for lambardar, is appointed lambardar of village Kandhalian, Tehsil Dasuya, District Hoshiarpur. ...." 9.1 A perusal of the order (Annexure P-1) shows that the learned Deputy Commissioner-cum-District Collector, Hoshiarpur has referred to the relative merits and de-merits of the petitioner as well as respondent No.4, and thereafter, he has proceeded to highlight the better merits of the petitioner and accordingly, appointed the petitioner as Lambardar (Scheduled Caste) of Village Kadhalian.
9.2 In my opinion, the order dated 17.05.2018 (Annexure P-1) passed by the learned Deputy Commissioner-cum-District Collector, Hoshiarpur is well reasoned and justified, which does not call for any interference. Moreover, the aforesaid order (Annexure P-1) was further APURVA 2024.11.07 17:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh upheld by the learned Divisional Commissioner, Jalandhar.
10. In view of the aforementioned facts and circumstances, the order dated 14.11.2022 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab is unsustainable and the same is accordingly set aside. Resultantly, the instant writ petition is allowed and order dated 17.05.2018 (Annexure P-1) passed by learned Deputy Commissioner-cum-District Collector, Hoshiarpur, appointing the petitioner as Lambardar (Scheduled Caste) of Village Kadhalian, Tehsil Dasuya, District Hoshiarpur; is upheld.
11. All pending application(s), if any, shall also stand closed. APURVA 2024.11.07 17:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh