CWP No. 11743 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11743 of 2006 Date of decision: 13.2.2008 Hardev Singh ...Petitioner Versus State of Punjab and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Ajay Pal Singh, Advocate, for the petitioner. Mr. Jaskirat Singh Sidhu, Advocate, for respondent 4. K.S.GAREWAL, J. The dispute in this case is with regard to appointment of Lambardar in place of Gurdev Singh who died on November 10, 1999. The contest was between Hardev Singh-petitioner and Gurdev Singh's son Ram Singh. In the first instance when the Collector heard the case on June 11, 2002, he rejected the argument against Ram Singh that he was an Army deserter because the Army had not taken any action against him. He was found to be the better candidate as he was an ex-servicemen and was also son of the deceased Lambardar, therefore, Ram Singh was appointed Lambardar on June 11, 2002. CWP No. 11743 of 2006 2 It was on the appeal filed by Hardev Singh that the Commissioner came to the conclusion that Ram Singh had been proved to have deserted his Army unit and relying upon the report of the Tehsildar that he was not a fit person to be appointed as Lambardar accepted Hardev Singh's appeal and appointed him Lambardarr. The learned Financial Commissioner found that the Commissioner's order rejecting Ram Singh's claim that he was not deserter from the Army was not called for as the Army had not taken against him. The order of the Commissioner was set aside and the Collector's order was upheld. Argument regarding desertion from Army has again been raised before us. Learned counsel for Ram Singh referred to Ram Singh's certificate of service which showed that he had been enrolled in service on August 12, 1980 and discharged on September 1, 1997. Length of period of non-qualifying service was 27 days. The certificate does not mention any reason why 27 days service was not counted but there is absolutely nothing on record that Ram Singh had ever deserted from Army in 1984. We find no reason to disagree with the order of the Collector upheld by the learned Financial Commissioner. The petition is without merit. Dismissed. (K.S. GAREWAL) JUDGE 13.2.2008 (DAYA CHAUDHARY) prem JUDGE