HARJANAK SINGH Vs. JAGDEV SINGH

JUDGEMENT

(1.) ON the death of Harcharan Singh Lambardar of village Pandori Nijjran, the process for appointment of new Lambardar was started. Proclamation was made and applications were invited. Harjanak Singh (petitioner) and Jagdev Singh (respondent) applied for the post. Naib Tehsildar recommended Harjanak Singh while Tehsildar and SDM recommended Jagdev Singh. District Collector Jalandhar appointed Harjanak Singh as Lambardar but this decision was upset by Commissioner Jalandhar Division who ruled in favour of Jagdev Singh. Hence the present appeal/petition.

(2.) BOTH candidates are eligible to be appointed as Lambardar and District Collector's choice should not generally be interfered with unless it is illegal or perverse, but in this case I am inclined to uphold the order of Commissioner Jalandhar Division in favour of Jagdev Singh because of the reasons given in succeeding paragraphs.

(3.) COUNSEL for the petitioner has drawn my pointed attention to 1998-PLJ-428 (an ex-serviceman has to be given preference) an 1997(2) PLJ-361 (owning of land in Patti is not necessary - candidate must have land in the estate). My attention was also drawn in 1997-PLJ-361 according to which Sh. S.R. Bunger, Financial Commissioner has ruled as under :-