CHUHAR SINGH Vs. SURJAN SINGH

JUDGEMENT

(1.) DISTRICT Collector, Ambala vide order dated 7.5.1991 apponted Chuhar Singh, appellant as the lambarder (B.C.) of the village Jansua, Tehsil and District Ambala. Aggrieved by the order of the Collector, Surjan Singh filed an appeal before the Commissioer, Ambala Division, who vide his order dated 29.7.1992 accepted the appeal and remanded the case to Collector to decide the case afresh after considering the merits and demerits of both the candidates and also considering the question of indebtedness of Chuhar Singh. Hence, the present appeal before me.

(2.) THE learned counsel for the appellant argued that the Collector appointed the appellant, Chuhar Singh as Lambardar after considering the reports of the Tehsildar and Sub-Divisional Officer (Civil), Ambala, both of whom had recommended that the appellant should be appointed as the Lambardar. The Collector also considered the relative merits and demerits of both the candidates viz. Chuhar Singh and Surjan Singh and appointed Chuhar Singh as the Lambardar. However, the Commissioner has erred in accepting the appeal of Surjan Singh and remanding the case to the Collector with the observation that he had not referred to the fact of indebtedness of Chuhar Singh to the Central Bank of India. He said that the amount has since been paid to the bank and claimed that as on today Chuhar Singh is a better candidate as compared to Surjan Singh. He cited 'AIR-1994-SC-753' where it has been held that once the clearance of debt is proved, there is no question of serious financial embarrassment and that cancellation on such irrelevant factor is invalid.

(3.) I have considered the arguments advanced by the learned counsel for both the parties and have studied the case file. When proclamation for appointment of lambardar was made in the village, three applications were received from Surjan Singh, Jeet Singh and Chuhar Singh. Jeet Singh withdrew his name and thus only Surjan Singh and Chuhar Singh contested the case. Character verification was got done from the police department and enquiries were got made from the subordinate revenue officers namely, Assistant Collector 2nd Grade and Assistant Collector 1st Grade.