HARPREET KAUR Vs. FINANCIAL COMMISSIONER(APPEALS-I) PUNJAB

JUDGEMENT

(1.) Challenge in the present writ petition, filed under Articles 226/227 of the Constitution of India is to the orders passed by the authorities below, whereby respondent No.4-Gurmail Chand has been appointed as Lambardar of Village Kangar Tehsil Anandpur Sahib, District Roopnagar.

(2.) The primary argument of counsel for the petitioner is that the petitioner has a clean slate and an additional advantage of being younger in age as she is only 31 years old and has done her +2 whereas the private-respondent had a blot in as much as there was a criminal case registered against him in which he has been acquitted on 19.09.2017 (Annexure R-4/6). It is further pointed out that the petitioner is the daughter-in-law of the previous Lambardar and she also owned 10 acres of land in Village Kangar and the family owned 28 acres of land and she was also the Ex-Sarpanch of the village who had recommendation of the Sub-Divisional Magistrate.

(3.) Counsel for the private-respondent, on the other hand, has argued that Gurmail Chand is 46 years old and is better qualified in as much as he is BA pass and owned 10 acres of land in Village Kangar and his family owned 25 acres of land. He also remained exmember of the PTA committee and a member of SDM Social Security Advisory Committee and apart from the member of the health committee of the village Kangar. He was an Income Tax payee and his mother was also an ex-member of the Panchayat and similar was the position of his father. He himself was also elected as a Member of Panchayat. Regarding the criminal case, it was alleged that a false case had been lodged against him as no FIR had been registered and neither any charge had been framed against him and therefore, there was no conviction, at the point of time of appointment.