IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.949 of 2011(O&M) Date of decision: 26.05.2011 Jaswinder Singh …..Appellant versus Financial Commissioner (Appeals-I), Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Jatinder Singla, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against an order dated 7.4.2011, passed by the learned Single Judge, dismissing CWP No.6199 of 2011, filed by the appellant. In this case, dispute is with regard to the post of Lambardar in village Bishnandi, district Faridkot. On accrual of a vacancy, applications were invited. Appellant and respondent Nos.4 to 8 were the contesting candidates. The Collector, after getting report from the lower revenue staff, vide order dated 22.4.2008 appointed the respondent No.4 Basant Singh as a Lambardar of the village. It was opined as under:- “I have perused the record brought on the case filed and heard the parties to the case and have revealed that every and each candidate has tried to prove himself better than others. But while appointing Nambardar, every aspect is required to be taken into consideration as to which person has better claim. In the present case, Sh.Basant Singh is having better LPA No.949 of 2011(O&M) claim, who can perform the duties of Nambardar in better manner, as he is more matured and wise person as compared to other candidates. During the hearing of the case, the said candidates has talked in much proper and mature manner as compared to other candidates, from which, it is observed that he can perform the duties of Nambardar. As regards allegation leveled against the said candidate regarding illegal possession over common land of the village, no document or evidence in this connection has been produced by any candidate. On account of the above noted reasons, I find Basant Singh more eligible than other candidates. Hence, Basant Singh son of Mohinder Singh is hereby appointed as Nambardar of village Bishanandi against the post vacant on account of death of Sh.Jangir Singh, Nambardar. Case file be consigned to records after due compliance. Order pronounced.” In an appeal filed by the appellant, the Commissioner, vide order dated 27.5.2009 reversed that order and appointed the appellant as a Lambardar. Matter went to the Financial Commissioner in a revision petition filed by respondent No.4, which was allowed on 23.12.2010, by observing as under:- “4. Having considered the rival contentions, I am of the view that the learned Commissioner was not justified in upsetting the appointment made by the District Collector. The recommendation of the Gram Panchayat, as of the widow of the deceased Lambardar, in favour of the respondent cannot in any way be held to be sufficient to displace the appointment 2 LPA No.949 of 2011(O&M) made on the basis of objective criteria. The Collector had made the appointment after comparing the merits of the various candidates, and held Basant Singh to be the most appropriate candidates. The opinion of the Gram Panchayat and the widow the deceased Lambardar cannot override this conclusion. In any case, it cannot be ruled out that the Gram Panchayat’s resolution supporting Jaswinder Singh could have been at the instance of Ghukar Singh (Jaswinder Singh’s father) who apart from being himself a candidate for the post, has also remained Panch and Sarpanch of the village. In fact, the application about the alleged encroachment by Basant Singh also prominently bears the signatures of Ghukar Singh. The Collector has categorically held that no evidence to support the contention of encroachment was produced before him. Even during the present proceedings, apart from two applications, there is no independent evidence prove Basant Singh’s alleged encroachment. It is also interesting to note that before the District Collector, Ghukar Singh had gone to the extent of saying that any candidate other than Basant Singh would be acceptable to him – this is recorded in the order of the District Collector. 5. As a result of discussion, it is reiterated that the Commissioner was not justified in setting aside the appointment made by the District Collector. This petition is, therefore, accepted, the impugned order is set aside and the appointment of Basant Singh son of Mohinder Singh as 3 LPA No.949 of 2011(O&M) Scheduled Caste Lambardar of village Bishnandi is confirmed.” Matter then came before the learned Single Judge at the instance of the appellant and the writ petition was dismissed vide the impugned order. We feel that the Collector and the Financial Commissioner, on looking into the comparative merits, were right in saying that respondent No.4 was the better candidate for the post of Lambardar. Otherwise also, as per established law, the Collector is the best judge in the case of appointment to the post of Lambardar. Unless material illegality in law and facts is shown in the order passed by the Collector, it is not supposed to be interfered with. Nothing has been indicated in that regard in this case. The learned Single Judge has rightly upheld the orders passed by the Collector and the Financial Commissioner. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 26.05.2011 (Rakesh Kumar Garg) gk Judge 4