Harmesh Singh vs Financial Commissioner (Appeals), ...
2024 Latest Caselaw 18726 P&H

Citation : 2024 Latest Caselaw 18726 P&H
Judgement Date : 22 October, 2024

Punjab-Haryana High Court

Harmesh Singh vs Financial Commissioner (Appeals), ... on 22 October, 2024

APURVA
2024.11.07 17:15
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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,

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

(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

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