IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 855 of 2009 Date of Decision: October 29, 2009 Mohinder Singh …Appellant Versus Financial Commissioner, Co-operation, Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JASWANT SINGH Present: Mr. Girish Agnihotri, Senior Advocate, with Mr. Gurcharan Dass, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 2.4.2009 passed by the learned Single Judge in C.W.P. No. 19053 of 2007. The learned Single Judge has accepted the petition filed by Shri Avtar Singh-respondent No. 4 and has set aside the appointment given to the appellant on the post of Lambardar. It has been categorically found that the appellant is a citizen of Canada and is resident there. On that account he has not been found to be a suitable person for appointment as Lambardar. In that regard, learned Single Judge has relied upon copy of the passport issued by the Canadian Government on 25.10.2005 and has also referred his visits to India and abroad as is evident from various endorsements made in the passport. LPA No. 855 of 2009 Having heard learned counsel for the appellant we do not find any merit in the appeal. However, Mr. Girish Agnihotri, learned senior counsel has drawn our attention to certain remarks by the learned Single Judge in respect of the counsel for the appellant. In the last but one paragraph, the following sentences have appeared, which have been considered by the learned Single Judge as an attempt of the counsel to mislead the Court:- “……It is noticed that the counsel was aware of this legal position that this provision was struck down by this Court. Thus, the counsel has made an attempt to mislead the Court. …….” Without going into merit of the observation made, we feel it appropriate that the aforesaid two sentences should not have been recorded by the learned Single Judge in his judgment. Accordingly, the aforementioned sentences are struck off from the body the judgment passed by the learned Single Judge. With the aforesaid modification the appeal stands dismissed. (M.M. KUMAR) JUDGE (JASWANT SINGH) October 29, 2009 JUDGE Pkapoor 2