CWP No.18161 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18161 of 2009 Date of decision:11.10.2010 Shamsher Singh ..... Petitioner Versus Financial Commissioner, Appeals-II, Punjab, Chandigarh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.B.D.Sharma, Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab for respondent no.1. Mr.R.S.Chauhan, Advocate for the caveator/respondent no.2. ***** RAJIVE BHALLA, J.(ORAL) The petitioner impugns the order dated 18.03.2009, passed by the Financial Commissioner, Appeals-II, Punjab, Chandigarh. Counsel for the petitioner submits that in view of the conviction of respondent no.2, though during the pendency of the dispute, the Financial Commissioner should have set aside his appointment. The Financial Commissioner has, however, rejected this argument by holding that this allegation has not been proved on record. Counsel for the private respondent submits that as the private respondent was convicted and sentenced but has been released on probation by the appellate court, the impugned order does not call for interference. Be that as it may, as conviction of a candidate is a relevant fact while weighing the merits/demerits of candidates, the Financial Commissioner was required to consider this fact. The Financial Commissioner surprisingly, refused to consider the conviction and sentence CWP No.18161 of 2009 -2- of respondent no.2, on the ground that it has not been proved. The writ petition is therefore, allowed, the impugned order is set aside and the matter is remitted to the Financial Commissioner, Appeals-II, Punjab, Chandigarh. to decide the revision, afresh and in accordance with law within three months after taking into consideration the conviction and sentence of respondent no.2 and all such other pleas that parties may choose to urge. Parties are directed to appear before the Financial Commissioner, Appeals-II, Punjab, Chandigarh, on 19.11.2010. During the pendency of the revision before the Financial Commissioner, respondent no.2 shall be allowed to perform the duties of the Lambardar. 11.10.2010 [ RAJIVE BHALLA ] shamsher JUDGE