Civil Writ Petition No. 17824 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 17824 of 2010 Date of Order: 01.10.2010 Mukhtiar Singh ....Petitioner Versus Financial Commissioner (Appeals), Punjab, Chandigarh and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. C.M.Munjal ,Advocate for the petitioner RAJIVE BHALLA, J (Oral). The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 24.07.2009, 27.10.2009 and 03.08.2010, passed by the District Collector (DC), Ludhiana, the Divisional Commissioner (Appeals), Patiala Division, Patiala, and the Financial Commissioner, Punjab, Chandigarh, respectively, whereby his candidature for the post of Lambardar has been rejected. Counsel for the petitioner submits that the petitioner is more meritorious and the mere fact that a charge has been framed against the petitioner under Section 323 of the Indian Penal Code, is no ground to reject the petitioner's candidature, as a charge under Section 323 of the Indian Penal Code does not involve moral turpitude. I have heard counsel for the petitioner and perused the Civil Writ Petition No. 17824 of 2010 -2- impugned orders. The petitioner is facing a criminal trial. A charge has been framed under Section 323 of the Indian Penal Code. A chagre 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. In this view of the matter, the impugned orders, rejecting the petitioner's candidature and appointing respondent no.4 do not call for interference. Dismissed. October 01, 2010 (RAJIVE BHALLA) nt JUDGE