Research › Search › Judgment

Punjab High Court · body

2002 DIGILAW 104 (PNJ)

Major Singh alias Major Singh v. Mulagar Singh

2002-01-23

P.RAM

body2002
ORDER P. Prem, FC. - This is a revision petition against the order dated 12.10.2000 of Sh. R.N. Gupta, IAS, Divisional Commissioner, Patiala Division, Patiala vide which he accepted an appeal against the order dated 5.8.1997 of Sh. Arun Goel, IAS, District Collector, Ludhiana vide which the District Collector had appointed Sh. Major Singh S/o Bhan Singh as Lambardar of village Kalsan, Tehsil Raikot, District Ludhiana against the vacancy caused by the death of Sh. Sadhu son of Bhan Singh. 2. Briefly stated the facts are as under :- Sh. Sadhu Singh deceased lambardar is reported to have died on 5.10.1991 Necessary permission to start the file was accorded by the Collector Sangrur vide his order dated 9.3.1992 under whose jurisdiction this village previously fall under the Barnala Tehsil. The file of the case was transferred to the Tehsildar Raikot after the creation of a new sub-Division in District Ludhiana. Sarvshri Major Singh S/o Bhan Singh and Mulagar Singh S/o Partap Singh residents of the same village had applied for the vacancy. Tehsildar Raikot and SDM Raikot had recommended the name of Sh. Major Singh for the appointment of Lambardar. The District Collector after considering the merits and demerits of both the candidates appointed Sh. Major Singh as lambardar vide his order dated 8.10.1993 against which Sh. Mulagar Singh alias Major Singh filed an appeal before the Commissioner Patiala Division, Patiala and Commissioner Patiala Division Patiala vide his order dated 7.1.1997 accepted the appeal and remanded the case for a fresh decision. The District Collector again after considering the merits and demerits of both the candidates maintained the appointment of Sh. Major Singh S/o Bhan Singh vide his order dated 5.8.1997. 3. I have heard the learned counsels of both the candidates and also gone through the orders of the Commissioner Patiala Division, Patiala as well as District Collector Ludhiana and the other related record in a careful manner. I find that Sh. Major Singh is a brother of deceased lambardar and his father was also lambardar before his brother and owns 36 kanals 2 marlas of land and is under matric. Sh. Mulagar Singh alias Major Singh is matriculate, owns 57 kanal 8 marlas of land and claims that his great grand father was a lambardar. He is also assistant adviser of Gurdwara. The main contentious issue regarding the candidature of Sh. Sh. Mulagar Singh alias Major Singh is matriculate, owns 57 kanal 8 marlas of land and claims that his great grand father was a lambardar. He is also assistant adviser of Gurdwara. The main contentious issue regarding the candidature of Sh. Major Singh which has been agitated by the learned counsel for Mulagar Singh is that he being a truck driver was not available in the village to the people. Even the Commissioner has set-aside the order of the Collector primarily on this account. The Commissioner has also concluded that Mulagar Singh owns more land as compared to Major Singh. It is admitted by the Major Singh that he owned trucks but he categorically stated before the Collector that his sons go on the trucks and he himself is not in a position to drive the trucks. The District Collector had specifically put a question to the rival candidate Sh. Mulagar Singh as to when last Sh. Major Singh had gone out with the trucks but he could not tell as to when Major Singh had gone on trucks last. The Collector has also concluded that since the brother and father of Major Singh were also lambardar, Major Singh was better equipped than the other candidate for performing the duties of the lambardar. It is an accepted practice that other things being equal hereditary claim to the post of Lambardar was quite an important factor. There is nothing on record to indicate that Major Singh S/o Bhan Singh appointed by the Collector does not stay in the village and remains out with his trucks. The point of owning more land weighed against Major Singh by the Commissioner is not also very important because Major Singh owns 36 kanals of land which is quite sufficient keeping in view of the status of the lambardar. 4. Under these circumstances, I strongly feel that the Commissioner was not justified in upsetting the order of the District Collector particularly keeping in view the general practice that the choice of the Collector in the appointment of lambardar is generally not interfered with, unless and until a specific disadvantage is attached to the conduct of the candidate. I find nothing of the sort on the basis of the facts available on the file and have no hesitation in upholding the decision of the District Collector. I find nothing of the sort on the basis of the facts available on the file and have no hesitation in upholding the decision of the District Collector. Accordingly, I hereby set aside the order of the Commissioner, Patiala Division, Patiala and restore the order of the District Collector dated 5.8.1997 regarding appointment of Sh. Major Singh son of Bhan Singh as lambardar of village Kalsan, Tehsil Raikot, District Ludhiana against the vacancy caused by the death of Shri Sadhu Singh. Announced. Appeal allowed.