IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1446 of 2011(O&M) Date of decision: 16.08.2011 Dev Raj …..Appellant versus Financial Commissioner and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Ms.Amandeep Soni, Advocate for the appellant Jasbir Singh, J. (Oral) C.M. No.3967 of 2011 In view of reasons mentioned in this application, which is accompanied by an affidavit, it is allowed and 145 days delay in filing the appeal stands condoned. LPA No.1446 of 2011 This appeal has been filed against a judgment passed by the learned Single Judge on 17.2.2011, dismissing CWP No.3028 of 2011, filed by the appellant. Dispute in this case pertains to an appointment to the post of a Lambardar in village Daduwal, tehsil Phillaur and district Jalandhar. For the post in question, appellant and respondent No.4 were the contesting candidates. The Collector, after getting report from the lower revenue staff, appointed the respondent No.4 as a Lambardar vide order dated 23.8.2007. Appellant went in appeal, which was allowed on 3.4.2008, appointment of respondent No.4 was set aside and it was ordered that to fill up the post, fresh applications be invited. Respondent No.4 went in revision, which was partly allowed by the Financial Commissioner on 22.10.2008. It was LPA No. 1446 of 2011(O&M) ordered that there is no need of any fresh proclamation, the matter was remitted to the Collector to give a finding as to whether to perform the duties of a Lambardar, respondent No.4 would be available or not. Thereafter, the Collector, vide order dated 30.1.2009, appointed respondent No.4 as a Lambardar in the village. In that order, it was observed as under:- “The arguments of both the counsels were heard in this case and also perused the comments and records furnished during the arguments. This fact is correct that both the candidates are having business. Devraj is having his shop in village and Chaman Lal is having his shop in village Darvesh, where the brother of Chaman Lal uses to sit. Sometimes Chaman Lal also use to visit his shop to look after his business, but it doesn’t means that he is not available for public works. Chaman Lal is having his permanent residence at village Daduwal, as his brother uses to sit on the shop at village Darvesh, therefore Chaman Lal can consume enough time to serve the public works. This candidate had done 10+2 and Dev Raj is not able to read and write, out of both these candidates Chaman Lal is most suitable and eligible candidate, who remains available for public works in village, therefore he is being appointed as Schedule Caste Lamberdar of village Daduwal. The order for pronouncement of this case was reserved on 5.2.2009, the same has been pronounced on today dated 12.3.2009. The file be consigned to record room after due compliance.” The appellant remained unsuccessful before the Commissioner and also the Financial Commissioner when his appeal and revision were dismissed on 29.1.2010 and 17.8.2010, respectively. Thereafter, he filed CWP No.3028 of 2011, which was dismissed vide the impugned judgment, by the learned Single Judge, by observing as under:- “I have carefully gone through the impugned orders as also the certificate issued by the Sarpanch of village Darvesh and the material on record. I do not find that there is any 2 LPA No. 1446 of 2011(O&M) perversity in the order passed by the District Collector. It is settled law that opinion of the District Collector should be respected unless found perverse or in contravention of any law. None of such situation exists in the present case. Apart from above, the writ court while exercising writ jurisdiction under Article 226/227 of the Constitution of India does not sit as a Court of appeal to re-examine and re-appraise the evidence on record, except to the extent of perversity. All the authorities have concurrently held respondent No.4 to be a suitable candidate who is 10+2 whereas the petitioner is said to be either illiterate or only 5th pass. There is no scope for interference in the impugned orders.” We feel that the order passed is perfectly justified. The Collector has categorically stated that to perform the duties of a Lambardar, respondent No.4 would be available. It has specifically been said that shop in village Darvesh is being run by his brother, namely, Jasvir. It has been so said by placing reliance upon a certificate issued by the Sarpanch of village Darvesh. There is no contrary evidence on record. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 16.08.2011 (Augustine George Masih) gk Judge 3