RAM CHANDER Vs. DATAR SINGH

JUDGEMENT

(1.) This is a revision petition against the order of the Commissioner dated 8.5.87 whereby the order of the Collector dated 16.9.86 appointing the respondent as lambardar of the village Nezadela Kalan, Tehsil and District Sirsa, has been affirmed.

(2.) On behalf of the petitioner it is stated that the father of Datar Singh (respondent) was convicted in a case of murder 30 years ago and therefore, Datar Singh should not have been appointed lambardar. The learned counsel has cited the ruling the learned Financial Commissioners reported in 1931 LLT p. 41 and 1968 LLT p. 169. However, on behalf of the respondent, the ruling 1980 PLJ p. 330 has been cited wherein the learned Financial Commissioner had held that family history of criminal activity (father convicted of murder and grandfather convicted of abduction) was no bar to the appointment of a person as lambardar found most suitable on his own merits. Such bar would amount to discrimination unwarranted by law. The earlier rulings of 1931 and 1968 indicate that heirs of convicted criminals were rightly ignored for appointment.

(3.) The learned counsel for the petitioner states that in view of the difference of opinion in the ruling cited in 1980-PLJ p. 330 and 1968 LLT p. 169 and 1931-LLT p. 41 the matter may be referred to a larger bench of Financial Commissioners so that different views expressed by the Financial Commissioners could be reviewed.