CWP No.14696 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14696 of 2008 Date of decision:30.09.2010 Naurang Singh ..... Petitioner Versus Financial Commissioner, Appeals-I, Punjab, Chandigarh and another ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Jatinder Nagpal, Advocate for the petitioner. Mr.C.S.Brar, DAG, Punjab for respondent no.1. Mr.Kanwaljit Singh, Senior Advocate with Mr.Vikram Sharda, Advocate for respondent no.2. ***** RAJIVE BHALLA, J.(ORAL) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 24.04.2008, passed by the Financial Commissioner (Appeals-I), Punjab, Chandigarh. The petitioner was appointed as the Lambardar by the Collector. The petitioner's appointment was affirmed by the Commissioner but was set aside by the Financial Commissioner and the matter was remitted to the Collector to consider (a) a criminal complaint filed against the petitioner (b) whether the petitioner was a defaulter of the Punjab and Sind Bank and (c) whether residents of the village had filed any complaint against the petitioner. Counsel for the petitioner submits that the criminal complaint has been withdrawn vide order dated 18.12.2008. The default in payment of the loan was settled on 27.05.1995 as recorded in Annexure P-16 and the CWP No.14696 of 2008 -2- certificate issued by the Bank. The alleged complaints, by residents of the village, are statements made at the behest of the respondent no.2. The Financial Commissioner therefore, could not have reversed the choice of the Collector. Counsel for the private respondent submits that as a criminal complaint was pending against the petitioner on the date of consideration its subsequent withdrawal is irrelevant. The petitioner was admittedly a defaulter of a Bank. The fact that the loan stands discharged is therefore, irrelevant. The Financial Commissioner, therefore, rightly remitted the matter to the Collector. I have heard counsel for the parties and perused the impugned order. A perusal of the order, Annexure P-15 reveals that the criminal complaint has been withdrawn. A certificate issued by the Bank, appended as Annexure P-16 discloses that the loan of Rs.5,000/- was discharged by the petitioner in the year 1995. The alleged complaints made by residents against the petitioner's candidature do not by themselves constitute a disqualification. Even otherwise, these complaints were considered by the Collector while appointing the petitioner. If the Financial Commissioner was of the opinion that these matters required consideration, he should have called upon the petitioner to furnish his explanation instead of remitting the matter to the Collector. In the absence of any adequate opportunity to the petitioner to explain these facts, the writ petition is allowed, the order dated 24.04.2008 is set aside and the matter is remitted to the Financial Commissioner (Appeals-I), Punjab, Chandigarh, to decide the matter afresh, within three CWP No.14696 of 2008 -3- months, after taking into consideration all relevant facts as may be pleaded by the petitioner and the private respondent. Parties are directed to appear before the Financial Commissioner (Appeals-I), Punjab, Chandigarh, on 11.11.2010. 30.09.2010 [ RAJIVE BHALLA ] shamsher JUDGE