Dismissed

Ajit Singh v. Financial Commissioner Punjab and Ors.

Punjab & Haryana HC3 Aug 2009CWP/11440/2009

Case brief

AI extract

What is this about?

Ajit Singh challenged the appointment of Mohinderpal as Lambardar of Village Dandewal, arguing he was more meritorious due to 'real brother' status, more land, and longer military service. The Court dismissed the writ petition, holding that the appointment is an administrative act based on comparative merit, and this Court cannot interfere unless there is gross irregularity or perversity.

What did the court decide?

The writ petition is dismissed as there is no merit in challenging the valid appointment of Mohinderpal.

Ajit Singh Vs Financial Commissioner Punjab and… — Property and Title | Punjab & Haryana HC (2009)

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In the High Court of Punjab and Haryana at Chandigarh

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.....

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Date of decision:3.8.2009

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Ajit Singh

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.....Petitioner v.

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Financial Commissioner, Punjab and others

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.....Respondents

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Present: Mr. Rajpal Singh, Advocate for the petitioner.

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S.S. Saron, J.

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The earlier Lambardar of Village Dandewal, Tehsil Garshankar, District Hoshiarpur, namely, Nirmal Singh died on 11.10.1999. On account of the said demise proceedings were initiated for filling-up the vacancy of Lambardar. In response to the proclamation made in the village, five persons including Ajit Singh (petitioner) and Mohinderpal (respondent No.4) applied for the post. The District Collector considered the comparative merit of the candidates. Mohinderpal (respondent No.4), who has been appointed, it was observed, was 60 years of age. He was 9^th pass and he owns 10 Kanals and 18 Marlas of land, besides he was an exserviceman and had served for 14 years in the Army. His right leg had been amputated during service. Ajit Singh (petitioner), it was noticed, was 70 years of age. He was 8^th class pass, besides, he owned 34 Kanals 11 Marlas of land. He was also an ex-serviceman and had served in the Army for 15 years. He was the real brother of Nirmal Singh (deceased) Lambardar. He remained Sarpanch of the village for 15 years. After

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C.W.P. No.11440 of 2009

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[2]

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noticing the comparative merit, Mohinderpal (respondent No.4) was appointed as Lambardar of the village vide order dated 28.6.2006 (Annexure-P.1). The petitioner aggrieved against the said order preferred an appeal before the Commissioner, Jalandhar Division, Jalandhar, who vide order dated 26.2.2007 (Annexure-P.2) upheld the appointment of Mohinderpal (respondent No.4). The petitioner filed a revision petition before the Financial Commissioner (Appeals-II), Punjab, who vide order dated 24.12.2008 (Annexure-P.3) dismissed the revision petition and upheld the appointment of Mohinderpal (respondent No.4) as Lambardar. Aggrieved against the orders (Annexures-P.1 to P.3) the petitioner has filed the present petition.

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Learned counsel for the petitioner has contended that the comparative merit of the candidates for appointment as Lambardar has not been considered by the revenue authorities and, in fact, the petitioner is more meritorious than respondent No.4. It is submitted that the petitioner had served in the Army for 15 years which is one year more than respondent No.4. Therefore, more weightage was liable to be given to the petitioner. Besides, the petitioner has more land than respondent No.4 and he has also been former Sarpanch and is brother of the deceased Lambardar. Therefore, the petitioner is more suitable to be appointed as Lambardar.

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After giving my thoughtful consideration to the matter, it may be noticed that all the revenue authorities have found Mohinderpal (respondent No.4) to be more suitable than the petitioner. The petitioner, it was observed, was 70 years of age whereas respondent No.4 was 60 years of age. The fact that the leg of respondent No.4 is amputated was duly considered by the revenue authorities. Mohinder Pal (respondent No.4) it

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C.W.P. No.11440 of 2009

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[3]

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was noticed owned 10 Kanals 18 Marlas of land. Besides, he was an exserviceman and had served 14 years in the Army. His right leg had been amputated during service. The order passed by the District Collector, which has been upheld by the Commissioner and the Financial Commissioner is on the comparative assessment of the merits and demerits of the candidates and it is not shown to be, in any manner, illegal or perverse.

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The appointment of a Lambardar as is well known is an administrative act and prerogative of the District Collector and his choice is not to be lightly undone until and unless there is a gross irregularity, perversity or patent error which would warrant the order that has been passed to be nullified. No such defect or error is discernible in the appointment of Mohinderpal (respondent No.4). Besides, the order is not illegal or perverse. The revenue authorities on the basis of material on record and having reached at a conclusion as to who is more suitable candidate for appointment as Lambardar, then this Court in exercise of its supervisory writ jurisdiction is not to upset and dislodge the said findings and conclusions on re-appreciation of evidence and material on record. The jurisdiction of this Court is supervisory and not appellate.

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In the circumstances, there is no merit in the petition and the same is accordingly dismissed.

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August 3, 2009.

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(S.S. Saron) Judge

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hsp

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NOTE : Whether to be referred to the Reporter or not:Yes

Ajit Singh v. Financial Commissioner Punjab and Ors.

Case brief

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Ajit Singh v. Financial Commissioner Punjab and Ors.

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