L.P.A. No.411 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No.411 of 2011 DATE OF DECISION: MARCH 07, 2011 Mewa Singh .....APPELLANT Versus State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE M. JEYAPAUL --- Present: Mr. Parminder Singh, Advocate, for the appellant. .. SATISH KUMAR MITTAL, J. This Letters Patent Appeal has been directed against the order dated 17.2.2011 passed by the learned Single Judge, whereby the writ petition (CWP No.2952 of 2011) filed by appellant Mewa Singh challenging the order dated 17.1.2011 passed by the Financial Commissioner, has been dismissed. In the present case, the dispute is about the appointment to the post of Lambardar of village Dachar. The Collector, who is the appointing authority, had appointed the appellant as Lambardar of the village vide his order dated 27.12.2006. The said order was confirmed by the Commissioner. However, the Financial Commissioner, on a revision filed by respondent No.4, had set aside the order of appointment of the appellant as Lambardar of the village and remanded the matter to the Collector with the direction to L.P.A. No.411 of 2011 -2- initiate fresh process for appointment on the post of Lambardar. The Financial Commissioner had passed the said order after coming to the conclusion that respondent no.4 as well as the appellant were defaulters on the relevant date and as per Rule 15 of the Punjab Land Revenue Rules, freedom from indebtedness is an important criterion for consideration in the appointment of a Lambardar of the village. It was observed that this provision was much more important when a Lambardar was responsible for the collection of the land revenue and remit the same to the Collector. Even now, when the land revenue has been abolished, the freedom from indebtedness is essential in the matter of selection of Lambardar. Since both the candidates were found defaulters of institutional credit system on the material date, the Financial Commissioner has set aside the order of appointment of the appellant as Lambardar and remit the matter to the Collector to initiate fresh process for appointment of Lambardar. The learned Single Judge, without going into the controversy as to the date and time of default, has dismissed the writ petition and affirmed the order of the Financial Commissioner. We have heard the learned counsel for the appellant and gone through the record of the case. Keeping in view the facts and circumstances of the case, we do not find any ground to interfere in the order passed by the learned Single Judge. The Lambardar of the village discharges very important functions in the village. It is necessary that his financial position should be good and, at least, he should be free from indebtedness. As a matter of fact, the Financial Commissioner found that on the relevant date the appellant as well as respondent No.4 were defaulters of the institutional L.P.A. No.411 of 2011 -3- credit system. Though both of them are claiming that they have cleared the loan before the date of appointment, but both of them had not led concrete material to show the re-payment of loan, except that they claimed that they have paid the loan. Due to lack of clear evidence/material to that effect, the Financial Commissioner has remitted the matter for fresh process for appointment of Lambardar, after setting aside the appointment of the appellant. Learned counsel for the appellant, while relying upon the decision of the Supreme Court in Inderaj v. Financial Commissioner, 1994 (3) RRR 562 (SC), put much emphasis that on the date of appointment of the appellant as Lambardar by the Collector, the appellant had cleared the loan. But, without going into that aspect, we are of the opinion that the Financial Commissioner, who is the highest revenue authority, if, after considering the matter, came to the conclusion that none of the candidate was suitable for appointment on the post of Lambardar being defaulters of the institutional credit system, and while taking into consideration the fact that a Lambardar must be free from indebtedness, which is essential for the due discharge of his duties in the village, has remitted the matter for initiating fresh process for appointment of the Lambardar, we do not find any ground to interfere in the said order, which has been passed while taking into consideration the fact that a good person free from indebtedness be appointed as Lambardar of the village. In our opinion, the remand order is not going to cause any prejudice either to the appellant or respondent No.4. They have not been held to be ineligible for the post of Lambardar. They can also contest for appointment to the said post along with other candidates. In view of the above, the appeal is dismissed. L.P.A. No.411 of 2011 -4- However, the Collector is directed to finalize the selection process for appointment of Lambardar, expeditiously and preferably within three months. (SATISH KUMAR MITTAL) JUDGE March 07, 2011 ( M. JEYAPAUL ) vkg JUDGE