Hari Om v. Financial Commissioner And Otehrs
THE HIGH COURT OF PUNJ IN T JAB AND HARYANA ARH AT CHANDIGA ) (1) CWP-27615-2023 (O&M) Date of decision :11.11.2024 SHAMSHE ER SINGH
...Petitioner
Versus
FINANCIA AL COMMISSIONER, HARYAN NA AND OTHERS
...Respondents
) (2) CWP-19991-2023 (O&M) Date of decision :11.11.2024 HARI OM
...Petitioner
Versus
FINANCIA
CORAM:
AL COMMISSIONER, HARYAN NA AND OTHERS
...Respondents
HON'BLE MR. JUSTICE HA ARSH BUNGER Present :
HARSH BU Mr. Sushil Sheoran, Advocate for the petitioner.
Mr. Rajneesh Chadwal, A.A.G ., Haryana.
Mr. Mani Ram Verma, Advoca for respondent No.4.
ate UNGER, J. [ORAL] 1.
This order shall dispose of CW WP No.27615 of 2023 titled as s ner, Haryana and others as well l Shamsher S Singh vs Financial Commission Page 1/6
as CWP No.19991 of 2023 titled as Hari Om vs Financial Commissioner, Haryana and others, as both the cases involve common questions of law and facts.
1.1 However, for the sake of convenience, the facts are being derived from CWP No.27615 of 2023 titled as Shamsher Singh vs Financial Commissioner, Haryana and others.
1.2 Petitioner (Shamsher Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking setting aside of impugned order dated 05.07.2023 (Annexure P-3) passed by learned Financial Commissioner, Haryana; whereby, the matter concerning appointment of Lambardar (Backward Class) of Village Balkara, Tehsil and District Charkhi Dadri; was remanded to the learned Collector, Charkhi Dadri, for fresh decision.
1.3 A prayer has also been made to restore the order dated 27.11.2019 passed by learned Collector, Charkhi Dadri, whereby the petitioner was appointed as Lambardar of village Balkara, District Charkhi Dadri.
2.
Briefly, upon demise of Sh. Hari Ram, previous Lambardar (Backward Class) of Village Balkara, Tehsil and District Charkhi Dadri, proceedings were initiated for filling up the vacancy. In pursuance to the proclamation for filling up the vacancy, four applications (including the application submitted by the petitioner and respondent No.4-Hari Om) were received.
2.1 Learned Collector, Charkhi Dadri, noticed the following merits Page 2/6
of the candidates :- S. No.
Particulars Petitioner Resp. No.4 (Shamsher) (Hari Om) Age 36 years 34 years Educational qualification 12th Class B.A. pass Diploma in ITI Land holding/s 9 Kanal-13 Marlas 1 Kanal Occupation Agriculturist Working as Computer Operator Recommended by Tehsildar SDO (Civil) Other remarks Remained Sarbarah Lambardar Member of Red Cross Society Invested in Small Savings Schemes Donations to Gaushala Life member of Red Cross Society 2.2 Taking note of the afore-said comparison between the candidates, the learned Collector non-suited respondent No.4-Hari Om, primarily on the ground that he was working as Computer Operator in the Mini Secretariat on Collector rate; therefore, he is not easily available in the village for the works of the villagers. Accordingly, the learned Collector, found the present petitioner as the most suitable candidate and appointed him as the Lambardar (BC) of village Balkara, vide order dated 27.11.2019 (Annexure P-1).
2.3 In an appeal filed by respondent No.4; the Collector's order dated 27.11.2019 (Annexure P-1) was upheld by the learned Divisional Commissioner, Rohtak vide order dated 09.02.2021 (Annexure P-2). 2.4 Being dissatisfied with above-referred orders (Annexures P-1 and P-2), respondent No.4 preferred a Revision Petition (ROR No.128 of 2020-21) before the learned Financial Commissioner, which came to be disposed of vide order dated 05.07.2023 (Annexure P-3); whereby, the matter has been remanded to the learned Collector, to re-decide as to who, between the two candidates, is the better choice for the Page 3/6
post, giving primacy to the factors listed in Rule 19-B of the Haryana Land Revenue Rules.
3.
In afore-mentioned circumstances, petitionerShamsher Singh has filed CWP-27615-2023 and respondent No.4-Hari Om has preferred CWP-19991-2023 before this Court. 4.
Heard.
5.
The learned Collector, has appointed Shamsher Singh (petitioner in CWP-27615-2023) as Lambardar (BC) of Village Balkara, by referring to various merits of Shamsher Singh, which included reference to hereditary claim as well as his more land holdings. There is no dispute that the present Lambardari relates to Backward Class, for which, holding more land would be an irrelevant consideration, in terms of Rule 19-B of the Rule ibid and further the hereditary claim having been held to be ultra-vires to Article 14 of the Constitution of India; however, there is no denial by learned counsel for respondent No.4 that the primary ground for non-suiting respondent No.
4 from the post of Lambardar was on account of his service as a Computer Operator at Mini Secretariat; therefore, he would not be available to the villagers for their works during the day. It is well established that a Lambardar is called upon by the Revenue, Police and Administrative Officers, to assist in various matters like disputes regarding possession of land, demarcation of land, identification of persons, attending to revenue and police officers when they visit the village for inspection of crops or for other official matters. A Lambardar is called upon by inhabitants of village to attest documents, identify them when they register documents etc.
5.1 Keeping in view the duties to be performed by a Lambardar, Page 4/6
it cannot be argued that his office is merely ornamental or the duties of a Lambardar are limited in nature.
5.2 It is also not in dispute that where a person is in service, whether government or private, his service may not by itself be a dis-qualification, but his availability in the village would be a relevant factor to be considered by the Collector. In this regard, reference can be made to a Division Bench judgment of this Court in Neeraj Kumar versus State of Haryana and others, 2013(4) RCR (Civil) 207. 5.3 In the present case, concededly, respondent No.4-Hari Om is working as a Computer Operator with the District Administration on the basis of outsourcing under the "Haryana Kaushal Rozgar Nigam Limited." There is no manner of doubt that during the office hours, the respondent No.4 would be engaged in his duties and would not be readily available at the time of need of the villagers, especially keeping in view the various duties to be performed by a Lambardar. Therefore, availability of respondent No.4 would always be in doubt, accordingly, the learned Collector had rightly non-suited respondent No.4-Hari Om from the post of Lambardar.
6.
That apart, in the case of Kuldip Singh vs Financial Commissioner, Appeals-II, Punjab, 2016(1) RCR (Civil) 273; it was held by the Division Bench of this Court that choice of the District Collector cannot be lightly set aside, even if two views are possible, unless there is any patent illegality or perversity therein. It is also well established that the learned Collector is the main authority for appointment of the Lambardar. It is the Collector, who not only appreciates the antecedents of all the candidates in the fray but also personally interacts with them. Thus, the Page 5/6
subjective satisfaction of the Collector, could not have been ignored in a cavalier manner by the learned Financial Commissioner. 7.
Considering the totality of circumstances, I am of the considered view that petitioner-Shamsher Singh was rightly appointed by learned Collector, Charkhi Dadri, as Lambardar (BC) of Village Balkara, which appointment was upheld by the learned Commissioner, Rohtak; however, the learned Financial Commissioner, Haryana had wrongly remanded the matter to the learned Collector, vide impugned order dated 05.07.2023 (Annexure P-3), which is totally un-justified and un-warranted. Resultantly, the impugned order dated 05.07.2023 (Annexure P-3) passed by the learned Financial Commissioner, Haryana, is set aside. 8.
In view of above, writ petition bearing CWP-27615-2023 titled as Shamsher Singh vs Financial Commissioner, Haryana and others, is allowed and order dated 27.11.2019 (Annexure P-1) passed by learned Collector, Charkhi Dadri, appointing the petitioner as Lambardar (BC) of Village Balkara, Tehsil and District Charkhi Dadri, is upheld.
8.1 Consequently, the writ petition bearing CWP-19991-2023 titled as Hari Om vs Financial Commissioner, Haryana and others, fails and the same is, accordingly, dismissed.
9.
All pending applications (if any) shall also stand closed. 10.
A photocopy of this order be placed on the file of another connected case.
November 11, 2024 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No Page 6/6