Sarabjit Singh v. Financial Commissioner Punjab And ORS

2.

Briefly, upon demise of Sh. Onkar Chand, previous Lambardar of Village Jahadpur, Tehsil Mukerian, District Hoshiarpur, proceedings for filling up the said vacancy were initiated, whereupon petitioner - Sarabjit Singh, and respondents No.4 to 6, namely Bikram Singh, Diwan Chand and Ramesh Kumar, respectively, applied for the said vacancy. 2.1 The learned Tehsildar, Mukerian, as well as the learned Sub Divisional Magistrate, Mukerian, recommended the candidature of the petitioner for appointment to the aforesaid vacancy, and the matter was placed before the learned Collector, Hoshiarpur. 2.2 The learned Collector, Hoshiarpur, upon considering the merits and demerits of all the candidates, appointed petitioner - Sarabjit Singh as Lambardar of Village Jahadpur, vide order dated 04.10.2011 (Annexure P-1).

2.3 Feeling aggrieved against the aforesaid order dated 04.10.2011 (Annexure P-1), respondents No.4 to 6 preferred three separate appeals before the learned Divisional Commissioner, Jalandhar, which came to be decided vide common order dated 19.02.2014 (Annexure P-2), whereby the Collector's order dated 04.10.2011 (Annexure P-1) was set aside and the matter was remanded to the learned Collector, Hoshiarpur, for deciding afresh.

2.4 Being dissatisfied, petitioner preferred a revision petition (ROA No.23 of 2014) before the learned Financial Commissioner (Appeals), Punjab, which was dismissed vide order dated 14.10.2019 (Annexure P-4). 3.

04.10.2011 (Annexure P-1).

7.1 Here, it would be apposite to state the relative merits of the petitioner and respondents No.4 to 6 (as noticed by the learned Collector, Hoshiarpur), which can be summed up as under:- Sr.

No.

Particulars Petitioner (Sarabjit Singh) Resp. No.4 (Bikram Singh) Resp. No.5 (Diwan Chand) Resp. No.6 (Ramesh Kumar) 1.

Age 44 years 45 years 73 years 52 years 2.

Educational qualification 8th Class 8th Class pass 9th Class pass 8th Class pass 3.

Land holding(s) 3Acre & 7Kanal 5Acre, 5 Kanal & 2Marla 2Acre & 7Kanal 2Acre & 4Kanal 4.

Recommended by Tehsildar, Mukerian and Sub Divisional Magistrate, Mukerian ----- ----- ----- 5.

Others Ex-serviceman ----- Ex-serviceman Ex-serviceman A bare perusal of the above chart shows that the petitioner has an edge over respondents No.4 to 6, inasmuch as he is younger in age, his name was recommended by the Lower Revenue Officers and he is also an ex-serviceman.

9.

The learned Collector, Hoshiarpur, after interacting with all the candidates and appreciating their relative merits and demerits, found the petitioner to be the most suitable candidate for the post of Lambardar. However, upon appeals being filed by respondents No.4 to 6 herein, the

Collector's order dated 04.10.2011 (Annexure P-1), appointing the petitioner as the Lambardar of Village Jahadpur, was set aside by the learned Divisional Commissioner, Jalandhar, vide order dated 19.02.2014 (Annexure P-2). The said order was further affirmed by the learned Financial Commissioner (Appeals), Punjab, vide order dated 14.10.2019 (Annexure P-4).

10.

The relevant extract of order dated 19.02.2014 (Annexure P-2) passed by the learned Divisional Commissioner, Jalandhar, reads as under:- "I have heard the counsel for all the parties and have perused the files. In this case three appeals have been filed against the order of Collector dated 4.10.2011. Three candidates namely Diwan Chand, Ramesh Kumar and Sarabjit Singh are ex-servicemen as per record. Diwan Chand is 73 years therefore, it is not desirable to appoint him as Lambardar. Of remaining three candidates namely Ramesh Kumar, Bikram Singh and Sarabjit Singh, Bikram Singh owns more land in the village and the other two namely Ramesh Kumar and Sarabjit Singh are ex-servicemen.

There are allegations against Sarabjit Singh S/o Sant Ram regarding his residence at Talwara and there is enough proof like his voter card (ECI Card) and electricity connection at Talwara on the record. It appears from the record that S.D.M. Mukerian prepared a report visiting the village Jahadpur and taking statements of people regarding the residence of Sarabjit Singh. The report based on statements of people will not counter the evidence available on record. Moreover, there is an affidavit by Bikram Singh dated 13.09.2011 at page 297 of lower court file alleging that the SDM, Mukerian, misused their signatures regarding attendance showing the consent for withdrawal of candidature of Bikram Singh and Diwan Chand. This is a serious allegation. With these observations, I set aside the order of Collector, Hoshiarpur, dated 04.10.

evidence and verification of the candidates applied for the post. The parties are directed to appear before Collector, Hoshiarpur on 10.02.2014."

11.

A perusal of the aforesaid observations made by the learned Divisional Commissioner, Jalandhar, would show that the learned Collector's order dated 04.10.2011 (Annexure P-1), appointing the petitioner as Lambardar of Village Jahadpur, was set aside primarily on the ground that there were allegations that the petitioner was not a resident of Village Jahadpur.

12.

13.

The aforesaid documents have not been disputed by learned counsel for respondents No.4 to 6 by placing on record any material to the contrary.

14.

For the same reason, the order dated 14.10.2019 (Annexure P-4) passed by the learned Financial Commissioner (Appeals), Punjab, is also unsustainable.

16.

That apart, I have also gone through the order dated 04.10.2011 (Annexure P-1) passed by the learned Collector, Hoshiarpur, and find that the petitioner is the most suitable candidate for the post of Lambardar of Village Jahadpur. He is younger in age than the other candidates; he has studied up to 8th Class, as have respondents No.4 and 6, who are also stated to be 8th Class pass. Further, the petitioner possesses sufficient land holdings measuring 3 Acre and 7 Kanal and his candidature was also recommended by the lower revenue authorities. He is also an ex-serviceman, which is a relevant consideration in terms of Rule 15 of the Punjab Land Revenue Rules, 1953.

17.

09.07.2025 Division Bench of this Court in LPA No.2217 of 2024 titled as "Murti Devi Vs. State of Haryana & Ors.", wherein it has been observed as under:

18.

Keeping in view the totality of circumstances, order dated 19.02.2014 (Annexure P-2) passed by the learned Divisional Commissioner, Jalandhar, and the order dated 14.10.2019 (Annexure P-4) passed by the learned Financial Commissioner (Appeals), Punjab 19.

The present writ petition is disposed of in the aforestated terms. 20.

All pending application(s), if any, shall also stand closed.