CWP No. 12368 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 12368 of 2005 Date of decision: 18.3.2008 Prithvi Singh ...Petitioner Versus Financial Commissioner, Revenue Haryana and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Jai Vir Yadav, Advocate, for the petitioner. Mr. M.S. Randhawa, Advocate, for respondent 4. K.S.GAREWAL, J. This petition has been filed by Prithvi Singh, one of the candidates for the post of Lambardar of Shobhapur, Tehsil Narnaul, District Mohindergarh. When the office fell vacant on account of Yashwant Singh's death, Prithvi Singh and some others applied for being appointed as Lambardar. The Collector found in favour of Prithvi Singh and appointed him as Lambardar but Ami Lal-respondent 4 filed an appeal which was accepted by the Commissioner on November 18, 2003 (Annexure P/2). While deciding in favour of Ami Lal, the Commissioner came to the following conclusion:- “...the perusal of evidence come on record of lower court that the family members of the respondent have been involved in CWP No. 12368 of 2005 2 the criminal cases and even three cases have been registered against the respondent himself in which he though was not sentenced but his character is found doubtful. It has been found from the facts available on lower court record that the respondent had been defaulter of many banks and to prove it wrong he has not produced any evidence. A certificate of gram panchayat is available on lower court file that the appellant has not made any encroachment on the land of gram panchayat...” The above finding was upheld by the Financial Commissioner on March 28, 2005. The learned counsel for the petitioner submits that the petitioner has been unfairly treated as no conviction has been recorded against the petitioner and though the petitioner had taken a loan from the bank but he had not defaulted in re-payment. The respondent 4 placed on record copy of FIR 294 dated December 16, 2003 recorded under Sections 323, 325 IPC, at Police Station Sadar Narnaul, (Annexure R4/1) based on the statement of one Birbal, resident of Shobhapur. Respondent had also relied upon the judgment of the learned District Judge, Narnaul dated January 30, 2007 (Annexure R4/2) in an appeal filed by Col. Kanwar Singh against Prithvi Singh (petitioner herein). The appeal was filed against the judgment and decree passed by the Civil Judge (Senior Division), Narnaul dated August 7, 2006, dismissing Col. Kanwar Singh's suit for recovery of Rs. 33,200/-. The learned District Judge allowed the appeal and decreed the suit for recovery of Rs. 20,000/- as principal amount + Rs. 13,200/- as interest. Neither of the above two documents would show that Prithvi CWP No. 12368 of 2005 3 Singh is a person of doubtful character and is a defaulter. There is nothing on the record to show that a criminal case arising out of FIR 294 dated December 6, 2003 ended in the petitioner's conviction. The decree passed against him by the learned District Judge does not make him a defaulter of the bank loan. Therefore, we feel that the petitioner's appointment as Lambardar did not deserve to be quashed by the Commissioner, Gurgaon Division, Gurgaon, on November 18, 2003, by holding that he was a man of doubtful character and was defaulter of the bank. In view of the above, the orders of the Commissioner and the Financial Commissioner are hereby set aside and the matter is remanded to the Commissioner, Gurgaon Division, Gurgaon, for a fresh decision on the merits of the case, after carefully determining the antecedents of Prithvi Singh, and determine whether he has been convicted by any criminal Court or has been declared a defaulter by any bank. The petition is allowed in the above terms and the matter is remanded to the Commissioner, Gurgaon Division, Gurgaon, with the above directions. Parties are directed to appear before the Commissioner, Gurgaon Division, Gurgaon, on April 23, 2008. (K.S. GAREWAL) JUDGE 18.3.2008 (DAYA CHAUDHARY) prem JUDGE