DALIP SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE claim of the petitioner in this writ petition is that after the death of Lambardar Hakam Singh son of Bulla Singh, the District Collector, Ferozepur, ordered the Tehsildar Jalalabad (West) to fill up the post of Lambardar after making due proclamation in the village. In response to the said proclamation, ten applications were received and out of which Ramesh Lal, Dalip Singh, Baldev Singh and Bhajan Lal pursued their applications. The other applicants were remained absent. The antecedents of the applicants were got verified from the police. After preparing the Naqsha Lambardari, the case was sent by the Tehsildar-cum-AC 2nd Grade Jalalabad to S.D.M.-cum-AC 1st Grade Jalalabad with the recommendation to appoint Dalip Singh petitioner as Lambardar of the village. The SDM while sending the case to the District Collector, Ferozepur, recommended the name of respondent No. 2 Bhajan Lal for appointment as Lambardar of the village. The District Collector approved the name of respondent No. 2 for appointment as Lambardar of the village vide order dated 13.2.2004 (Annexure P1).

(2.) THEREAFTER , the petitioner filed an appeal against order dated 13.2.2004 before the Commissioner, Ferozepur Division, Ferozepur. The said appeal was accepted and the petitioner was appointed as Lambardar of the village vide order dated 26.8.2004. The order dated 26.8.2004 was challenged by respondent No. 2 before the Financial Commissioner (Appeals-1), who accepted the appeal and restored the order of the District Collector and set aside that of the Commissioner and appointed respondent No. 2 as Headman of the village vide order dated 14.8.2007. It is the order dated 14.8.2007 which is under challenge before this court.

(3.) ON behalf of the petitioner, it is contended by the learned counsel for the petitioner that his candidature was rejected merely on the ground that on the date of filing of the application for the village headman a criminal case was registered against him and mere registration of case does not itself bar a person to claim the post of village Headman. Because no finding of guilt have been proved against him. Therefore, he is to be treated at par with any of the candidate who has applied for the post of village Headman. In support of his arguments, he relied upon Gurbachan Singh v. Financial Commissioner (Appeal- I), Punjab, 2001(4) RCR(Civil) 22. In this authority, the Division Bench while dealing with the question of registration of a criminal case against a person whether it is a disqualification for the applicant to apply for the post unless the guilt of offence is proved against him has held that no adverse inference can be drawn till the finalisation of the matter. This authority is not applicable to the facts of the present case. The case of the petitioner was considered by the District Collector and not rejected on this ground that a criminal case has been registered against him.