IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.676 of 2011 Date of Decision: April 18, 2011 Om Parkash .....PETITIONER(S) VERSUS Financial Commissioner, Haryana & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajeev Godara, Advocate, for the petitioner. Mr. Sukhvinder Singh Nara, Senior Deputy Advocate General, Haryana, for respondent Nos.1 to 3. Mr. Ashok Verma, Advocate, for respondent No.4. None for respondent No.5. . . . AJAI LAMBA, J (Oral) 1. On 20.1.2011, the following order was passed:- “Appointment of respondent No.4, Nand Lal as Lambardar by the District Collector, Sirsa came to be challenged before the Commissioner, Hissar Division, Hissar. The Commissioner, in his order dated 26.6.2009 (Annexure P-2) has taken into account the fact that Nand Lal had committed fraud by giving a wrong date of birth so as to claim old age pension. CWP No.676 of 2011 [2] I find that no enquiry was conducted by any authority so as to arrive at the said conclusion, however, it would be a relevant circumstance to consider the claim of Nand Lal for appointment as Lambardar. Notice of motion for 14.3.2011. District Collector, Sirsa is directed to have an enquiry conducted into the fact whether Nand Lal intentionally projected his date of birth wrongly so as to claim old age pension, and file a report by 14.3.2011. The enquiry officer shall give opportunity of hearing to Nand Lal before finalising the proceedings. Copy of the order be conveyed to District Collector, Sirsa through Mr. Kulvir Narwal, Additional Advocate General, Haryana. In the meantime, status-quo shall be maintained. Copy of the order be given under signatures of Reader of the Bench.” 2. In deference to order dated 20.1.2011, District Collector, Sirsa, has filed enquiry report dated 11.3.2011 in which the following has been concluded:- “In conclusion, it is necessary to comment upon the age of Shri Nand Lal in 2002, when a voter Identity card was issued in his name, wherein his age was recorded as 57 years, at that time, his age was correlated with the age mentioned in his family’s traditional bahi and also at that time the question of old age pension was not in air. In view of the above, the name of Shri Nand Lal appears in the admission register of the school, but it seems that Shri Nand Lal has not intentionally projected his date of birth wrongly, at the time of application for old age pension.” CWP No.676 of 2011 [3] 3. Considering the report filed by District Collector, it transpires that respondent No.4, Nand Lal, did not play any fraud intentionally so as to claim old age pension. In such circumstances, there is no occasion to interfere with the findings recorded by the Financial Commissioner, in judicial review. 4. The petition is accordingly dismissed. (AJAI LAMBA) April 18, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?