HARBANS SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is filed for quashing the order of the Financial Commissioner dated 16.08.2017 by which respondent No. 4 has been appointed as Lambardar of Village Rakran Dhaha, Tehsil Balachaur, District SBS Nagar (Nawan Shahar).

(2.) In short, the previous Lambardar Mehnga Singh died on 15.12.2009. Pursuant thereto, the proceedings were initiated to fill up the vacant post. The applications were filed, including the petitioner and respondent No. 4. Tehsildar recommended the name of respondent No. 4 but the SDM recommended the name of the some other candidates. Be that as it may, the Collector vide his order dated 25.11.2014 found the petitioner more suitable than other candidates and appointed him as the Lambardar. He observed that the petitioner is 9th Class pass and can read Punjabi, Hindi and English. He is doing farming on 7 acres of land in the Village and would be available to the people. He remained General Secretary of the Society for 8-9 years. It was also observed that though respondent No. 4 is more literate than the petitioner but he remained in Army most of the time and he is less acquainted with the general public and is not capable of doing Lambardari work. The order of the Collector was successfully challenged by respondent No. 4 in appeal before the Commissioner who had found him to be more suitable than the petitioner and the order of the Collector was set aside by him vide order dated 06.05.2016. The petitioner then challenged the order of the Commissioner by way of an appeal before the Financial Commissioner. The Financial Commissioner set aside the order of the Commissioner and restored the order of the Collector vide her order dated 29.09.2016. Now it was the turn of respondent No. 4 to challenge the order of the Financial Commissioner by way of CWP No. 25178 of 2016. The said writ petition was allowed and the matter was remanded back to the Financial Commissioner to decide the lis between the parties. After the order was passed by this Court on 26.05.2017, the Financial Commissioner reappraised the material on record, much less some additional material, allegedly given by respondent No. 4 about the medals which he has earned during his service career and found him more suitable and appointed him as such on 16.08.2017. Aggrieved against the said impugned order, the present petition has been filed.

(3.) Counsel for the petitioner submits that in the matter of appointment of Lambardar (General Category), the order of the Collector has to be respected until and unless any perversity is found. It is also submitted that respondent No. 4 was tried in a criminal case No. 49 dated 15.12. 1997 in the Court of Additional Sessions Judge, Ludhiana in which though he has been acquitted because the witnesses had resiled but he remained in custody during the pendency of the trial for a long period, therefore,suffer from a stigma. It is also submitted that respondent No. 4 did not place on record the alleged medals awarded to him during the service career, therefore, it cannot be looked into at this stage. In support of his submission, counsel for the petitioner has relied upon a Division Bench judgment of this Court in Jog Dhian v. Financial Commissioner, Haryana and others, 2005(1) R.C.R. (Civil) 658 to contend that even if respondent No. 4 was acquitted of the criminal charge by giving the benefit of doubt, the stigma still remains with him. In case the Collector chooses to appoint the other candidate who is equally of good merit then the choice of the Collector shall stand.