IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1718 of 2010(O&M) Date of decision: 16.12.2010 Mukhtiar Singh …..Appellant versus FC Appeals, Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.C.M. Munjal, Advocate for the appellant Jasbir Singh, J. (Oral) CM No.5199 of 2010 In view of reasons given in this application, it is allowed and 24 days delay in filing the appeal stands condoned. LPA No.1718 of 2010 This appeal has been filed against an order dated 1.10.2010, dismissing CWP No.17824 of 2010, filed by the appellant. LPA No.1718 of 2010(O&M) Dispute in this case pertains to the appointment of a Lamberdar in village Lalton Kalan, tehsil and district Ludhiana. To fill up that vacancy, applications were invited. After getting report from the lower revenue officers, the Collector appointed respondent No.4 as Lambarder of the village. Appeal and revision filed by the appellant were dismissed. He came to this Court by filing the above mentioned writ petition, which was also dismissed by the learned Single Judge on 1.10.2010, by observing as under:- “The petitioner is facing a criminal trial. A charge has been framed under Section 323 of the Indian Penal Code. A charge of committing an offence under Section 323 may not involve moral turpitude but where the Collector is required to choose between two candidates, one of whom is facing a criminal trial, the candidate with a clean record would necessarily prevail.” More or less, both the candidates are equal, so far as their individual merit is concerned. The Collector has taken, pendency of a criminal case, against the appellant. We are of the opinion that the order passed is perfectly justified. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 16.12.2010 (Augustine George Masih) gk Judge 2