IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.815 of 2011(O&M) Date of decision: 10.05.2011 Bhupinder Singh …..Appellant versus Financial Commissioner, Revenue, Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Birender Singh Rana, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against an order passed by the learned Single Judge on 6.4.2011, dismissing CWP No.7665 of 2010, filed by the appellant. As per facts on record, the appellant was appointed as a Lambardar of village Aimma (Be-chirag Mouza) in the year 2005, after the death of his father. It was allegation against him that on 1.5.2007, he had executed an affidavit, wherein he has shown himself as a Lambardar of village Khanpur and in the affidavit, regarding a private dispute, it was further stated that Rupinderjit Saini was in possession of the land. It was further stated in the affidavit that Paramjit Saini has filed false and frivolous complaints against Rupinderjit Saini and also that there is no apprehension of breach of peace at the spot. LPA No.815 of 2011(O&M) It is apparent from the record that Rupinderjit Saini, Paramjit Saini alongwith Surinder Kaur the three sisters, are co-sharers in the land in dispute situated in village Aimma and Taperian Dayal Singh. A dispute was going on in connection with possession of the joint land and the proceedings were initiated at the instance of one of the parties under Section 145 Cr.P.C. A complaint was filed against the appellant on a ground that he had mis-stated himself as a Lambardar of village Khanpur whereas, he was a Lambardar of village Aimma. A show cause notice was issued to him. In defence, it was stated that he did not know English and was made to sign on affidavit typed in English. This was also taken as a dereliction of duty, to say that without knowing the contents of an affidavit, he has filed the same. The Collector, after taking note of a report made by the lower staff, dismissed the appellant from the post, by observing as under:- “On hearing Namberdar/ complainant and record on file it was found that mainly the complaint was filed by the complainant Smt.Paramjit Saini against Sh.Bhupinder Singh Namberdar that the Nambardar, village Aima has given a wrong affidavit by stating himself as Nambardar of village Khanpur on dated 1.5.2007 in the court of Sub-Divisional Magistrate, Chamkaur Sahib because of which her basic rights have been violated and fight/ litigation has been increased with the opposite party. In this regard the Nambardar has only stated in his defence that the affidavit dated 1.5.2007 was prepared in English because of which he could not read this that he has been stated to be Namberdar of village Khanpur in the affidavit as he does not know English language. After hearing it was found that the stating of Namberdar that his 2 LPA No.815 of 2011(O&M) affidavit has become wrong because he does not know English language, is wrong and is not acceptable. If he did not know English language then he would have signed on the affidavit after getting it read by someone, only then should have signed or should have got the affidavit prepared in Punjabi language. Being a responsible person and by signing on an affidavit, whatever he has written in the affidavit that is the full responsibility of that person/ Nambardar. On perusal of affidavit it is also found that this affidavit affects the rights of complainant. Therefore a criminal case is made out against the Nambardar for giving wrong statement through affidavit and the charge of carelessness in performing duties is also proved against him. Taking into consideration these facts and while not agreeing with the remarks received from Sub-Divisional Magistrate, Chamkaur Sahib vide letter dated 27.3.2008 Sh.Bhupinder Singh Nambardar of village Aima son of Shri Arjan Singh resident of village Khanpur, Tehsil Chamkaur Sahib, District Roopnagar is dismissed with immediate effect from the post of Nambardari under rule 16(ii) (a), (f) of Punjab Land Revenue Rules. If the parties or concerned court wants then they can initiate to take criminal action regarding giving wrong statement by the Namberdar for stating himself as Nambardar of village Khanpur.” The appellant went in appeal, which was accepted by the Commissioner. The complainant-respondent No.4 went in revision, which was allowed by the Financial Commissioner, vide order dated 11.2.2010, 3 LPA No.815 of 2011(O&M) order passed by the Commissioner was set aside and that of the Collector was restored. The Financial Commissioner observed as under:- “I have given thoughtful consideration to the written arguments propounded by both the counsel, revision petition as well as orders of the lower courts. I find that respondent no.2 is guilty in filing wrong affidavit that he is Lambardar of village Khanpur, whereas he was actually Lambardar of village Aima. The post of Lambardar is an important post at the village level to assist the revenue officials and officers in day to day proceedings of revenue work. Though the land revenue has been abolished by the State Govt., the main function of the Lambardar is to identify the right persons and to attest a variety of transactions and documents of great significance and give right witnesses regarding possession of the parties etc. If the lambardars indulges in making statement, wrong identifications and false evidence, that will create a lot of complications for the general public and also for the day to day working of revenue officials. The respondent no.2 has committed a wrong which cannot by any stretch of imagination be considered as bonafide mistake.” It was found, as a matter of fact, by the Collector and the Financial Commissioner that the mistake was deliberate and it cannot be termed as a bona fide one. Otherwise also, we feel that the contents of the affidavit have nothing to do so far as duty of a Lambardar is concerned. The Lambardar is appointed for the entire village, he is not expected to be a party in a private dispute inter-se the residents/ land owners of the village. In the affidavit, it was also stated that respondent No.4 had filed a false and 4 LPA No.815 of 2011(O&M) frivolous complaint against her sister. On what basis, it was stated, there is nothing on record. It is further stated in the affidavit that there was no apprehension of peace. On what basis it was said by the appellant, it is also not supported by any evidence. Once, the parties are litigating and claiming possession against each other, apprehension of breach of peace may always be there. The appellant was not expected to file such an affidavit. The learned Single Judge, after taking note of facts of the case, rightly came to a conclusion that the appellant had acted beyond his jurisdiction. Finding given is perfectly justified. It has also been noticed as a matter of fact that on account of affidavit filed by the appellant, loss has been caused to the opposite party. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 10.05.2011 (Rakesh Kumar Garg) gk Judge 5