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2003 DIGILAW 1478 (PNJ)

Udhey Singh v. Vijay Singh

2003-10-23

R.P.S.PAWAR

body2003
ORDER R.P.S. Pawar, FC. - This revision has been filed against the order dated 6.1.2003 of Commissioner (Appeals), Patiala and that of District Collector, Ropar dated 26.9.2002 under Section 16 of the Punjab Land Revenue Act, 1887. 2. Brief facts of the petition are that the post of Lambardar fell vacant on 2.4.1993 after the death of Datta Ram Lambardar, village Fatehgarh Bunga. The District Collector after following the proper procedure as prescribed, finally, appointed Sh. Vijay Singh as the Lambardar of village Hardoharipur. The petitioner feeling aggrieved filed appeal in the court of Commissioner (Appeals), who dismissed the same on the ground that the appellant has been convicted under Sections 323 and 324 I.P.C. and was therefore, not a suitable candidate. Hence the present revision petition. 3. The counsel for the petitioner has been heard. He has referred to P.L.J. 2002(2) Page 141 whereby the F.C. Punjab has held that offence of fray does not involve moral turpitude. The F.C. Punjab has thus while giving benefit that no moral turpitude was involved, appointed the convicted person as lambardar. The petitioner argued that he has also been convicted under Sections 323 & 324 IPC and it does not involve any moral turpitude. He was also released on probation. He has thus referred to his qualifications such as his experience as Sarbarh Lambardar, his service to the Nation in the Indian Army w.e.f. 15.9.1962 to 21.11.1996 and his sufficient land holding of 34 Kanals. He has finally requested for setting aside the impugned orders. 4. I have perused the file and given my careful consideration to the arguments led. The petitioner has been involved in criminal activity under Sections 323 and 324 IPC. The plain reading of both these sections brings out that the conviction under Section 323 involves punishment, which may extend to one year or with fine, which may extend of Rs. 1000/- or both. Similarly conviction under Section 324, may involve imprisonment for a term, which may extend to three years or with fine or with both. The conviction of the petitioner has been held as the most important ground for setting aside his claim to the post of lambardar by the District Collector and the Commissioner. They have also concurred that the involvement of the petitioner under Section 323 and 324 confirms his criminal bent of mind. 5. The conviction of the petitioner has been held as the most important ground for setting aside his claim to the post of lambardar by the District Collector and the Commissioner. They have also concurred that the involvement of the petitioner under Section 323 and 324 confirms his criminal bent of mind. 5. The post of village Headman is of responsible nature, as the appointee has to remain in regular touch with the public and the revenue staff. Any person, who lacks in public dealing or by nature is prone to violence will not be a suitable candidate. Moreover, I am of the firm view that the order of the District Collector should not normally be interfered with unless there were any material grounds needing any interference. In this regard, the petitioner has not been able to site even a single such example which may call for my interference with the impugned order or with the order of the Commissioner. Accordingly I have no option but to dismiss this appeal in limine. I order accordingly. Appeal dismissed.