SURAT SINGH Vs. KABUL SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887 against the order of the Commissioner (A), Jalandhar Division, Jalandhar dated 2.4.2003 and that of District Collector, Hoshiarpur dated 28.1.2002.

(2.) THE brief facts of the case are that on the dismissal of Lal Singh, lambardar of village Bhoolpur on account of an FIR lodged against him under Sections 419, 420 and 465 etc., the post of lambardar fell vacant. In response to the proclamation made in the village, several candidates applied for the post of lambardar. The Collector, vide his order dated 28.1.2002, appointed Shri Kabul Singh as lambardar. The Commissioner, in appeal, upheld the order of the Collector vide his order dated 2.4.2003. Surat Singh, the present petitioner, has come up in revision before this Court.

(3.) COUNSEL for the petitioner has argued that three criminal cases are registered against Shri Kabul Singh. He has stated that a person whose conduct is above board alone should be appointed as lambardar. He quoted a judgment "Mann Singh v. Financial Commissioner Revenue" 2000(2) PLJ 568. Counsel for respondent has stated that the mere registration of an FIR against a person does not debar him being appointed as lambardar. He has quoted Civil Writ Petition No. 16747 dated 6.12.2000 in which the Punjab and Haryana High Court had held that mere pendency of criminal case does not entitle a Court to draw an adverse inference against a person.