Manjit Singh vs State Of Punjab And Others
2022 Latest Caselaw 14922 P&H

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

Sr.No.217                 Civil Writ Petition No.6038 of 2019
                          DATE OF DECISION: November 22, 2022

Manjit Singh                                                   ...Petitioner

                                 Versus
State of Punjab and others                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:    Mr. Prem Singh Bhanga, Advocate
            for the petitioner
            Mr. Gurvinder Singh, A.A.G., Punjab for respondents-State.

        ***

SUDHIR MITTAL, J.(ORAL)

The previous Lambardar namely Inderjeet Singh having passed

away, process for appointment of Lambardar was initiated in the year 2016.

Three candidates applied including the petitioner. One withdrew and the

second candidate did not appear before the Collector. The Collector refused

to appoint the petitioner as Lambardar vide order dated 19th November 2017

on the ground that a criminal case had been registered against him and even

though he had been acquitted, stigma remained on his character. Fresh

proclamation was accordingly ordered. Appeal and revision against the said

order have been dismissed and thus the present writ petition has been filed.

Learned counsel for the petitioner submits that criminal case

was registered against the petitioner in the year 2010 as is evident from the

judgment of acquittal dated 12th November 2011 (Annexure P-5). Offences

involved therein were under Sections-323, 324, 326, 452, 427, 148, 149 and

506 IPC. The petitioner was not even named in the FIR. He earned an

honourable acquittal and a permanent stigma could not remain upon his

character as no offence regarding moral turpitude was involved.

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 CWP-6038-2019                                                          --2--

Learned State counsel supports the impugned orders. He argues

that once a criminal case has been registered against a candidate, stigma

remains on his character and such a person is not fit to be appointed as

Lambardar.

A perusal of the judgment of acquittal shows that there

appeared to be a fight between two factions in the village resulting in the

registration of FIR. The petitioner was not named therein and was

summoned as an accused at a later stage. The prosecution could not identify

the accused. Thus, all of them were acquitted. The allegations in the

criminal case did not reflect upon the character of the petitioner and to hold

to the contrary is a perversity. A perverse order can always be interfered

with in exercise of writ jurisdiction.

Thus, the writ petition is allowed. Orders impugned in the writ

petition are set aside. Matter is remanded to the Collector for

reconsideration of the case of the petitioner in the light of the

aforementioned observations.

November 22, 2022                                           (SUDHIR MITTAL)
Ankur/Mamta                                                      JUDGE

               Whether speaking/reasoned:                     Yes/No
               Whether reportable:                            Yes/No




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